The Administration of the Sultanate of Dehli c12.199

c12.199

It was considered so necessary to have a qāḍī in every town of any dimensions that the first administrative business always included his appointment.⁶ In the beginning of the Muslim empire, the qāḍī’s function was to settle disputes, but later his jurisdiction widened considerably and embraced the supervision and management of the property of orphans and lunatics, the execution of testamentary dispositions and the supervision of awqāf; he even helped destitute widows to find suitable husbands. He was ultimately responsible for street maintenance and the prevention of encroachments on public thoroughfares or on open spaces.⁷ All contested property was to be deposited with the qāḍī or his nominee.⁸ It was the duty of the local governors and officials to help the qāḍī in maintaining the dignity of the law and to co-operate with him in bringing wrongdoers to their senses.¹ The qāḍīs were directly appointed by the centre and were completely independent of the governors.² The qāḍī was to decide by the shar' and 'ādah, or in accordance with equity and reason depending on 'analogy.' Compromise of cases was permitted, provided it did not violate the law. All Muslims were reliable witnesses except those convicted of serious offences or perjury or suspected of partiality. The qāḍī could revise his own judgment on the basis of fresh evidence or even of reasoning on his own part.³