unit-1-administrative-system-at-the-advent-of-british-rule

Unit-1 Administrative System At The Advent Of British Rule

In this Unit the overall objective is to examine the political and administrative environment in India at the advent 6f British rule.

Explain the distinguishing features of the Moghul judiciary.




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Written on Jun 26, 2019 4:59:20 PM

  • The Moghul State, being a Muslim State was based on Quranic law. 
  • The judges followed the Quranic precepts, the 'Fatwas' or previous interpretations of the Holy Law by eminent jurists and the ordinances of the Emperors. 
  • According to Muhammadan law, crimes were classified under three main heads: (i) Crimes against God; (ii) Crimes against the sovereign; (iii) Crimes against private individuals. 
  • Punishment of Crimes was on the following principles: (a) 'Huda’ or punishment specified by Quranic law which included death, flogging, etc.; (b) 'Qisas', or retaliation due as a right of man; and (c) 'Tazir' or punishment inflicted at the discretion of the judge, but not defined by law. It included admonition, exposure to public insult and even exile and scourging.
  • By modern standards of justice, punishments were severe and barbarous. Whipping to death was common. Persons were flayed alive for treason and conspiracy against the State. 
  • In the reign of Aurangzeb, no Muslim could be convicted on evidence of a non-Muslim, but the latter could be readily punished on the testimony of a Muslim or any other person.