Theory and Practice of Muslim State in India c7.s2.11

c7.s2.11

Men have been punished in war and peace in all countries through the ages. But severe flogging, mutilation of limbs, amputation of hands and feet and noses and ears, putting out eyes by piercing them with red hot iron, nailing of hands and feet, flaying alive, hamstringing and decapitating were Islamic specializations. Add to this pouring molten lead into the throat, crushing the bones with mallets, burning the body with fire, driving nails into the hands, feet and bosom, cutting the sinews, sawing men asunder - these and many similar tortures were common. With this background, with this ideology, with this set of punishments, justice in medieval India under Muslim rule could only be barbarous in nature, content and cruelty. There were cruel kings and kind kings, there were corrupt Qazis and honest Qazis, but so long as punishments remained barbaric, there was little hope for the accused or the victim. In Islamic conception the state belongs to God. Hence a violation of public right becomes an offence against God. As a result punishment for injury done to God's authority has to be visited according to the rules laid down by God and his Prophet as contained in the Quran and Hadis.