Fatwa I Jahangiri

[Karina Edling]

Baraniwas born in 1285, to an Indian Muslim family native to Baran, (now Bulandshahr) in northern India, hence his nisba Barani.[5] His ancestors had immigrated to Baran from the Indian town of Kaithal, Haryana.[6] His father, uncle, and grandfather all worked in high government posts under the Sultan of Delhi. His maternal grandfather Husam-ud-Din, was an important officer of Ghiyas ud din Balban and his father Muwayyid-ul-Mulk held the post of naib of Arkali Khan, the son of Jalaluddin Firuz Khalji. His uncle Qazi Ala-ul-Mulk was the Kotwal (police chief) of Delhi during the reign of Ala-ud-Din Khalji.[7] Barani never held a post, but was a nadim (companion) of Muhammad bin Tughlaq for seventeen years. During this period he was very close to Amir Khusro. After Tughlaq was deposed, he fell out of favor. In "Exile" he wrote two pieces dealing with government, religion, and history, which he hoped would endear him to the new sultan, Firuz Shah Tughluq. He was not rewarded for his works and died poor in 1357.[8]

The Fatwa-i-Jahandari is a work containing the political ideals to be pursued by a Muslim ruler in order to earn religious merit and the gratitude of his subjects.[7] It is written as nasihat(advices) for the Muslim kings.[9]

His fatwa would condone segregation of the Muslim ashraf upper castes and ajlaf low castes, in addition to the azral under-castes or the converted Muslims who are regarded as "ritually polluted" by the ashraf.[10][11][12] Muzaffar Alam argues that, contrarily to what many think, through this aristocratic view of power he doesn't follow secular models (Iranian or Indian), "rather, the interests of the Muslim community define the contours of his ideas on the heredity question", as he saw that during times of political troubles "frequent changes within ruling classes lead to the ruination of illustrious Muslim families", and thus preserving these upper class families, themselves at such place for diverse administrative or military qualities, would lead to the advent of more capable rulers and in the longer run help Muslim interests, Alam to conclude that this hierarchization "was a conscious choice exercised by Barani to serve the narrowly sectarian interests of the early Islamic regime in India".[13]

Barani's Fatwa-i-Jahandari provides an example of his views on religion. He states that there is no difference between a Muslim king and a Hindu ruler, if the Muslim king is content in collecting jizya (poll-tax) and khiraj (tribute) from the Hindus. Instead, he recommends that a Muslim king should concentrate all his power on holy wars and completely uproot the "false creeds". According to him, a Muslim king could establish the supremacy of Islam in India only by slaughtering the Brahmins. He recommends that a Muslim king "should make a firm resolve to overpower, capture, enslave and degrade the infidels."[15]

At the same time, the book makes it clear that the kings of the Delhi Sultanate did not hold similar views. Barani rues that they honoured and favoured the Hindus, and had granted them the status of dhimmis (protected persons). The Muslim kings appointed Hindus to high posts, including governorships. Barani further laments that the Muslim kings were pleased with the prosperity of Hindus in their capital Delhi, even when poor Muslims worked for them and begged at their doors.[16]

The Tarikh-i-Firuz Shahi or Tarikh-i-Firoz Shahi (Firuz Shah's History) (1357) was an interpretation of the history of the Delhi Sultanate up to the then-present Firuz Shah Tughlaq. Then interpretation noted that the sultans who followed the rules of Barani had succeeded in their endeavors while those that did not, or those who had sinned, met the Nemesis.[8]

Barani categorized the law into two kinds, the Shariat and the Zawabit. The Zawabit were the state laws formulated by the monarch in consultation with the nobility in the changed circumstances to cater to the new requirements which the Shariat was unable to fulfill.[17]

Fatawa 'Alamgiri, also known as Al-Fatawa al-'Alamgiriyya (Arabic: الفتاوى العالمكيرية) or Al-Fatawa al-Hindiyya (Arabic: الفتاوى الهندية), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, that served as the law and principal regulating body of the Mughal Empire, during the reign of the Mughal emperor Muhammad Muhiuddin Aurangzeb Alamgir.[1] It subsequently went on to become the reference legal text to enforce sharia in colonial South Asia in the 18th century through early 20th century,[2] and has been heralded as "the greatest digest of Muslim law during the Mughal India".[3][4]

Fatawa-e-Alamgiri was the work of many prominent scholars from different parts of the world, including Hejaz, principally from the Hanafi school. In order to compile Fatawa-e-Alamgiri, emperor Aurangzeb gathered 500 experts in Islamic jurisprudence, 300 from South Asia, 100 from Iraq and 100 from the Hejaz. Shaikh Nizam, a celebrated lawyer from Lahore was appointed the chairman of the commission which would compile the Fatawa-e-Alamgiri.[5] The years long work of these scholars resulted in an Islamic code of law for South Asia, in the late Mughal Era. It consists of legal code on personal, family, slaves, war, property, inter-religious relations, transaction, taxation, economic and other law for a range of possible situations and their juristic rulings by the faqīh of the time.[citation needed]

The Fatwa-e-Alamgiri also formalized the legal principle of Muhtasib, or office of censor[28] that was already in use by previous rulers of the Mughal Empire.[1] Any publication or information could be declared as heresy, and its transmission made a crime.[1] Officials (kotwal) were created to implement the Sharia doctrine of hisbah.[1] The offices and administrative structure created by Fatawa-e-Alamgiri aimed at Islamisation of South Asia.[1]

The Fatawa-e-Alamgiri (also spelled Fatawa al-Alamgiriyya) was compiled in the late 1672, by 500 Muslim scholars from Medina, Baghdad and in the Indian Subcontinent, in Delhi (India) and Lahore (Pakistan), led by Sheikh Nizam Burhanpuri.[29][30] It was a creative application of Islamic law within the Hanafi fiqh.[1] It restricted the powers of Muslim judiciary and the Islamic jurists ability to issue discretionary fatwas.[29][31] It is compiled in eight years between 1664-72. Ahmet zel from Atatrk University has reported in his work on TDV İslm Ansiklopedisi, el-alemgiriyye, that Fatawa-e-Alamgiri has spread fast to Anatolia during Aurangzeb rule due to the promotions of travellers, scholars, and officials.[32]

As the power shifted from Muslim rulers in India to the British, the colonial authorities decided to retain local institutions and laws, to operate under traditional pre-colonial laws instead of introducing secular European common law system.[2] Fatawa-i Alamgiri, as the documented Islamic law book, became the foundation of legal system of India during Aurangzeb and later Muslim rulers. Further, the English-speaking judges relied on Muslim law specialist elites to establish the law of the land, because the original Fatawa-i Alamgiri (Al-Hindiya) was written in Arabic. This created a social class of Islamic gentry that zealously guarded their expertise, legal authority and autonomy. It also led to inconsistent interpretation-driven, variegated judgments in similar legal cases, an issue that troubled British colonial officials.[2][33]

The assumption of the colonial government was that the presumed local traditional sharia-based law, as interpreted from Fatawa-i Alamgiri, could be implemented through common law-style law institution with integrity.[2][34] However, this assumption unravelled in the 2nd half of the 19th century, because of inconsistencies and internal contradictions within Fatawa-i Alamgiri, as well as because the Aurangzeb-sponsored document was based on Hanafi Sunni sharia. Shia Muslims were in conflict with Sunni Muslims of South Asia, as were other minority sects of Islam, and they questioned the applicability of Fatawa-i Alamgiri.[2] Further, Hindus did not accept the Hanafi sharia-based code of law in Fatawa-i Alamgiri. Thirdly, the belief of the colonial government in "legal precedent" came into conflict with the disregard for "legal precedent" in the Anglo-Muhammadan legal system which emerged during the Company period, leading colonial officials to distrust the Maulavis (Muslim religious scholars). The colonial administration responded by creating a bureaucracy that created separate laws for Muslim sects, and non-Muslims such as Hindus in South Asia.[2] This bureaucracy relied on Fatawa-i Alamgiri to formulate and enact a series of separate religious laws for Muslims and common laws for non-Muslims (Hindus, Buddhists, Jains, Sikhs), most of which were adopted in independent India after 1947.[34]

The British tried to sponsor translations of Fatawa-i Alamgiri. In the late 18th century, at the insistence of the British, the al-Hidaya was translated from Arabic to Persian. Charles Hamilton[35] and William Jones translated parts of the document along with other sharia-related documents in English. These translations triggered a decline in the power and role of the Qadis in colonial India.[36] Neil Baillie published another translation, relying on Fatawa-i Alamgiri among other documents, in 1865, as A Digest of Mohummudan Law.[2][37] In 1873, Sircar published another English compilation of Muhammadan Law that included English translation of numerous sections of Fatawa-i Alamgiri.[38] These texts became the references that shaped law and jurisprudence in colonial India in late 19th and the first half of the 20th century, many of which continued in post-colonial India, Pakistan and Bangladesh.[2][34]

Burton Stein states that the Fatawa-i-Alamgiri represented a re-establishment of Muslim ulama prominence in the political and administrative structure that had been previously lost by Muslim elites and people during Mughal Emperor Akbar's time. It reformulated legal principles to expand Islam and Muslim society by creating a new, expanded code of Islamic law.[39]

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