Judicial System in India during Mughal Period with Special Reference to Persian Sources (Nezam-e-dadgahi-e-Hend der ahd-e-Gorkanian bewizha-e manabe-e farsi) For the Award ofthe Degree of Doctor of Philosophy Submitted by Md. Sadique Hussain Under the Supervision of Dr. Akhlaque Ahmad Ansari Center Qf Persian and Central Asian Studies, School of Language, Literature and Culture Studies, Jawaharlal Nehru University, New Delhi -110067. 2009 Center of Persian and Central Asian Studies, School of Language, Literature and Culture Studies, Jawaharlal Nehru University, New Delhi -110067. Declaration Dated: 24th August, 2009 I declare that the work done in this thesis entitled "Judicial System in India during Mughal Period with special reference to Persian sources", for the award of degree of Doctor of Philosophy, submitted by me is an original research work and has not been previously submitted for any other university\Institution. Md.Sadique Hussain (Name of the Scholar) Dr.Akhlaque Ahmad Ansari (Supervisor) ~1 C"" ~... ". ~- : u- ...... ~· c "" ~·~·.:. Profess/~ar Mahdi 4 r:< ... ~::.. •• ~ ~ ~ :·f3{"~ (Chairperson) L~.·.~ . '" · \..:'lL•::;r,;:l'/ [' ft. ~ :;r ':1 ' . ; • " - .-.J / ~ ·. ; • : f • • ~-: I .:~ • ,. '· Attributed To My Parents INDEX Acknowledgment Introduction 1-7 Chapter-I 8-60 Chapter-2 61-88 Chapter-3 89-131 Chapter-4 132-157 Chapter-S 158-167 Chapter-6 168-267 Chapter-? 268-284 Chapter-& 285-287 Chapter-9 288-304 Chapter-10 305-308 Conclusion 309-314 Bibliography 315-320 Appendix 321-332 Acknowledgement At first I would like to praise God Almighty for making the tough situations and conditions easy and favorable to me and thus enabling me to write and complete my Ph.D Thesis work. This work could not be completed without the help and support of my supervisor Dr. Akhlaque Ahmad Ansari "Ahan" who not only supported me in difficult times but also provided all kinds of help which I can never forget. I can also never forget Professor Abdul Wadood Azhar who taught me with great love,affection and compassion and provided great encouragment to me in my studies. I also can never forget the chairperson of the Persian department professor Akhtar Mahdi who gave all kinds of help, support and encouragement to me in my studies from the very begning of my JNU.life. I would like to thank my wife "Razia Khatoon" who not only lifted me in rainy seasons but also gave all kinds of support and provided all favourable conditions to me.And all my children namely Sadia Kaushar,Md.Inzimamul Huque and Shazia Khatoon provided greats spirits and encouragement to me in writing my Ph.D thesis. I would also like to offer many many good thanks to some of important friends of mine namely Shahid from Arabic deparment,Sarfraz from Delhi University,Irfan from Persian department,Makhmur Sadri Bhai,Nishar Ahmad, vikram Bhai,Md.Izhar Ashraf, Er Md.Masum Reza etc.for helping and supporting me in all situations. I am also offering my good thanks to JNU library staff, CHS library staff particularly Dr.J.S.LOhia,National Archives,DelNet Staff. I am also offering my thanks to Tarun K.C.wala, typist Yogesh, Rajesh who provided me all kinds of support and I can not forget them for displaying the good gesture. 1 Introduction In the era of communal violence and international terrorism where Muslims are depicted as terrorist because he or she belongs to the Muslim community which is of course a very insult to the particular community. Certain elements are trying to malign the particular sect in the name of religion due to jealously and do not understand them equal citizen of the particular country. This kind of behaviour indicates narrow mindedness ,communal politics or anything in negative sense ,either committed by Muslims,Hindus,Chritians or any other religions. There is no religion of terrorist and communal people. They are the enemy of the humanity and vibrant cultures ofthe particular country .They are the enemy of all the religion. No religions teaching is based on the communal ethos and terrorist values .Terrorist are in every religion whether they are muslins or Hindu, or Christians of any religions. History is a very important tool for spreading the communal violence and terror in the heart of people. They use histories for mobilizing the people in their favour and create tensions among the religious minorities .The consciousness of the construction is based on the histories and historical events which were discovered by the historians .Therefore history plays a very important role in shaping the particular country. Historians have greater role to shape the democratic histories. Historians are talker of the pasts. They paint the past with their own eyes . We sees the past through the eyes of the historians. Because It is historians who created history and discovered the historical truth which was based on the historian subjectivity of the mind.Histrory is always a history of subjective which is problem and therefore it is very important to write the objective history which is of course a very hard to write. State uses historians to write history in its favour as we have numerous examples. Therefore historian's role is very important to understand the past. State is a guardian that has responsible to look after the subjects .It is state that constructs the structure of the society and builds up the democratic ethos. But some times state failed to deliver the communal harmony and loves for the subjects. The states of the world have numerous example of this kind of problems. Among all the histories .Judicial history has become very important to understand the nature of state, nature of the ruler and very important to understand the structure of the society. Justice is in all societies is main pillar of peace and communal harmony. It decides the real status of state and real nature of the emperor. In the background of the above statement, in the context of Indian history, we need to understand justice system of India very carefully, because the Pre-Mughal and Mughal period was painted by historians very badly in terms of communal senses and state was 1 depicted as theocratic and Islamic1 .To me state was never theocratic and never Islamic. Recently historians like Harbans Mukhia,Muzzafar Alam ,lrfan Habib,Riyazuddin Aquil 1 : Misunderstood or misrepresented means that several scholars like Jadu Nath Sarkar has misunderstood the Muslim kings, Islam and judiciary system of Islam in general. They have painted them as very cruel, heartless and not good enough with common masses particularly with Hindus. Historian like P. Hardy from the School of Oriental and African Studies that "apartheid was the dominant ideal in Medieval India, in default of Cultural victory" has criticized Medieval government in that manner. I.H.Qureshi has criticized the Mughal government in the following words: "It was a crime to lull the Muslims into believing that the maintenance of the Empire was not their primary responsibility. Even more disastrous was the encouragement of the feeling that tolerance implied the belief that all religions were merely different paths, all equally good for reaching the same God. This was an even more potent cause of the demoralization and degeneration of the Muslims, especially their acceptance of subtle non-Islamic ideas. Indeed this was the darkest period in the history of Indian Islam". (A history of the freedom movement: Being the story of Muslim struggle for the freedom of Hind-Pakistan, 1707-1947, Karachi, 1957, vol.l, p.34.) R.C.Majumdar also saw Medieval history in a communal angle. He says: "The newly acquired ideal of a 'secular state' is opposed to all known facts of Indian history. But it is sought to be buttressed by a new conception of Indian history and culture, which recognizes no distinct Hindu or Muslim culture in Modem India, and looks upon these, along with European or Western culture, as so many streams muting together only to mingle and lose their separate entities in the sea of Indian culture. The Muslims, however, repudiate any such idea, and Islamic culture is not only recognized as a distinct entity, but has been formally adopted as the basis of the new state of Pakistan. In India, however, a small but gradually increasing class of influential persons now fight shy ofthe term 'Hindu' as a designation of a cultural unit, and only think in terms of Indian culture. Whatever may be value of such an idea in shaping Indian's culture, it becomes positively dangerous when it encroaches upon the domain of Indian history and seeks to ignore the existence of Hindu culture as one of the most potent and patent facts of Indian History even today". (C.H.Philips, (ed.}, Historians oflndia, Pakistan and Ceylon, London, 1961, pp.426-7). Peter Hardy also misinterpreted history in the following words: " ... neither educated Muslims nor educated Hindus accepted cultural co-existence as a natural prelude to cultural assimilation. Thus long before British rule and long before modem political notions of Muslim nationhood, the consensus of the Muslim community in India had rejected the eclecticism of Akbar and Dara Shikoh for the purified Islamic teaching of Shaikh Ahmad ofSirhindi and Shah Waliullah. Cultural Aparthied was the dominant ideal in Medieval Muslim India, in default of cultural victory". (Islam in India, Sources oflndia Tradition, Columbia University Press, See Introduction). M.S.Golwalkar has said: "In Hindustan exists, and must exist the ancient Hindu nation, and nought else but the Hindu nation. All those not belonging to the national, i.e. Hindu race, religion, culture and language, naturally fall out of the pale of real national life" Golwalkar said about the non-Hindu that "have no place in national life, unless they abandon their differences, adopt the religion, culture and completely merge themselves in the national race.