Theory and Practice of Muslim State in India c7.s2.7

c7.s2.7

But the emperor was not a Qazi or Mufti. Besides, he could not decide all the hundreds of cases that came up for hearing. These cases were dealt with by the judiciary. The chief court of the empire was located in the capital and was presided over by the Qazi-ul-Quzzat, or the Chief justice of the realm. He was appointed by the emperor. He had the power to try original civil and military cases. He heard appeals from and supervised the working of provincial courts. He was assisted in his work by Qazis, Muftis, Muhtasibs. The Muhtasib was the chief custodian of public morals. It was his duty to see that there was no infringement of Islamic law in the public as well as private lives of the people. He used to enquire into the conduct of the people and so instilled a sense of fear in them. The office of the Muhtasib was instituted by Caliph al-Mahdi (775-785) to see that the religious and moral precepts of Islam were observed and that the offenders were detected and punished. Muhtasib was like the Christian Inquisitor without the latter's licence of cruelty and torture. The office of Muhtasib was an integral part of the administrative set up of the Muslim state. There were Muhtasibs during the Sultanate period and in the Mughal empire. They were there in the capital as well as the headquarters of the provinces and their subdivisions.