Administration of Justice during the Muslim Rule in India – With a history of the origin of the Islamic legal institutions

Wahed Husain

Paperback, 214 Pages, Black & White
6 x 9 Inches
Qadeem Press

Embark on a captivating journey through the corridors of history with “Administration of Justice during the Muslim Rule in India” by Wahed Husain, B.L. This remarkable book unveils the intricate tapestry of justice woven during the epoch of Muslim rule in India, offering a compelling exploration of legal systems, governance, and societal structures that shaped the subcontinent.

Step into a world where justice was not merely a concept but a divine balance meticulously administered in the name of God and community. Through meticulous research and scholarly insights, Husain navigates the reader through the epochs of Muslim rule, from the tumultuous periods of conquest to the era of well-established governance with extensive judicial machinery.

Delve into the corridors of power, where rulers like Akbar, Jahangir, and Shah Jahan ushered in an era of judicial innovation and societal reform. Explore the nuances of justice administration, from the hierarchical structures of provincial courts to the decentralized systems governing village communities.

Experience the evolution of legal frameworks, from procedural intricacies to the principles of Jus Gentium, illuminating the intersection of law, religion, and politics. Engage with the historical evolution of key institutions like the Qazi’s court, gaining insights into the legal position of women and the socialistic principles embedded within Islamic jurisprudence.

“Administration of Justice during the Muslim Rule in India” is not just a book; it’s a captivating odyssey through time, offering a nuanced understanding of the past and its enduring legacy on the present.* Whether you’re a legal enthusiast, history buff, or simply curious about the cultural mosaic of India, this masterpiece is bound to enthrall and enlighten. Pick up your copy today and embark on a journey through the annals of history unlike any other.

Table of Contents:

CHAPTER I

Administration of Justice during Muslim Rule

Administrative system-Its model

Application of Muslim Law-Its scope and extent

Divisions of the period of Muslim Rule in India-The period of conquest and Military occupation-The period of successive invasions without a Government-The period of settled Government-The period of well-established Government with extensive judicial machinery

CHAPTER II

Administration of Justice in Pre-Mughal Period

Judicial machinery in the reign of Kutbuddin Aybak, Muhammad Tughlaq, Razia Begum, Ghiasuddin Balban, and Sikandar Lodi

Judicial Reforms of Sher Shah-Introduction of new sets of officials-System of Pattah and Qabulyat

Judiciary and Tribunals-Courts of Canon Law-Courts of Common Law-Appeal

CHAPTER III

Administration of Justice in Mughal Period

Judicial and Administrative system of Akbar-His idea of Justice-Mode of trial-Trial by the Emperor in person-Trial by ordeal

CHAPTER IV

Justice during Akbar’s Successors

Administration of justice in the reign of Jahangir-Golden chain of the court-Abolition of cruel punishment-Institute of Jahangir

Administration of justice in the reign of Shah Jahan-Court of Appeal opinion of Rái Bhárá Mal-Remarks of Prof. J. N. Sarkar

Administration of justice in the reign of Aurangzeb-Corruption made crime-Check upon frivolous litigation-Reference to a Bench of Judges-Suit against the state-Capital punishment unknown-Captives of war and exemption of women and children-His farmán regarding criminal offences-Abolition of illegal taxes

CHAPTER V

Arkan-i-Doulat

Chief State Officials. Administrative, Judicial and Executive-Description of their offices

A scene of the Qázi’s court-Mode of trial-Duties of State officials

CHAPTER VI

Appeal, Revision and Review of Judgment

Constitution of the Islamic court-Reference to a full court

CHAPTER VII

Provincial Administration

Description of Provincial Administration

Village Community-Administration of justice in Rural Areas

Social life and Socialistic functions-Agriculture and Peasantry

CHAPTER VIII

Administration of Justice during Later Mughals

Causes of deterioration-Condition of the Capital and Provinces

Judicial machinery of the period

A comparative view of the Islámic courts and the British courts of Justice

Influence of the Mughal Rule on the present system of Administration

CHAPTER IX

Law of Procedure

Adjective Law and its applicability

Procedure and Pleading-Proper Forum-Jurisdiction, claim, parties, etc.

Law of Evidence-Witnesses-Inference

Estoppel, Res judicata and Law of Limitation

Court-fee and stamp-duties

Appointment of lawyers in suit

Arbitration

CHAPTER X

Qa’nun-l-Sha’hi and Jus Gentium

Qa’nun-l-Sha’hi-Prerogative of the Muslim monarch-character of Qa’nun-l-Sha’hi

Jus Gentium of the Islám-Separation of Law, Religion and Politics

CHAPTER XI

Non-Muslims and their Position under Islamic Law

Code of Laws re non-Muslim subjects

Edicts and Farmáns re non-Muslims

Socialistic Principles of Islám

CHAPTER XII

History of Origin of Certain Institutions

The Qázi-His Appointment, Powers and Jurisdiction

Duties of the Qázi in the exercise of his jurisdiction-Mufti-Dar-al-Ifta-The court of the chief Qázi-Its description-Dar-ul-Adl-Diwán-ul-Mazálim-Muhtasib, etc.

Legal position of women-Opportunities of a comparative study of Legal science