Mughal Administration c10.s1: § 1. How the Mughal Emperors did justice in person.
Mughal Administration c10.s1
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§ 1. How the Mughal Emperors did justice in person.
c10.s1.1
The *qāzi*, by the theory of his office, ought to adjudicate all cases, civil and criminal. But in practice, from quite an early period of the Caliphate there has been throughout the Muslim world a twofold method of administration of law, *viz.*, (i) religious suits to be decided by the *qāzi* according to Canon Law, and (ii) secular cases to be tried by the lay authorities who followed some legal system or practice other than the Quranic Law or *Shara‘*. "The Prophet and the early Caliphs often decided disputes in person as judges, as did their governors and prefects in the various provinces. Justice was always administered in Muslim lands to a great extent by local authorities. This was sometimes called *Nazar fi’l-Mazālim*” [*Ency. Isl.* ii. 606]—or, as Aurangzib called his own Wednesday session of justice, *Diwān-i-Mazālim*.
c10.s1.2
According to the ancient political ideal, which both the Hindus and the Muhammadans accepted, the Sovereign is the fountain of justice, and it is his duty to try cases personally in open court. The Mughal Emperors acted up to this ideal, and we possess contemporary accounts, written by Court historians and European travellers alike, as to the manner in which they dispensed justice.
c10.s1.3
Both Shah Jahan and Aurangzib held no public *darbār* on Wednesday, but reserved that day for holding a court of law. "The Emperor came direct from the *darshan* window to the *Diwān-i-khās* (or Hall of Private Audience) at about 8 A.M. and sat on the throne of justice till midday. This room was filled with the law-officers of the Crown, the judges of Canon Law (*qāzis*), judges of Common Law (*ādils*), *muftis*, theologians (*ulema*), jurists learned in precedents (*fatāwa*), the superintendent of the law-court (*dārogha-i-adālat*), and the *kotwāl* or prefect of the city police. None else among the courtiers was admitted unless his presence was specially necessary. The officers of justice presented the plaintiffs one by one, and reported their grievances. His Majesty very gently ascertained the facts by inquiry, took the law from the *ulema* and pronounced judgment accordingly. Many persons had come from far-off provinces to get justice from the highest power in the land. Their plaints could not be investigated except locally; and so the Emperor wrote orders to the governors of those places, urging them to find out the truth and either do them justice there or send the parties back to the capital with their reports." (*Studies in Aur. Reign*, Ch. ii.)
c10.s1.4
The Emperor was the highest court of appeal and sometimes acted as a court of first instance, too. But, from the nature of things, only a few plaintiffs could reach his throne and he could spare time for adjudicating only a small portion of the appeals that were handed to him, though some of the Mughal Emperors, made a parade of their devotion to duty, notably Jahangir, who hung a gold chain from their palace-balcony to the ground outside Agra fort, to which the people in the streets could tie their petitions for royal justice in order to be drawn up to the Emperor, without their having to grease the palms of the palace porters and underlings, courtiers and other middlemen.
c10.s1.5
The main defect of the department of law and justice was that there was no system, no organization of the law courts in a regular gradation from the highest to the lowest, nor any proper distribution of courts in proportion to the area to be served by them. The bulk of the litigation in the country (excluding those decided by caste elders or village panchayets, mostly for the Hindus) naturally came up before the courts of the qazis and sadars. The qualifications and duties of these officers have been described in Ch. II. [*Ain.* ii. 41.]