FATAWA E ALAMGIRI PDF

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The Fatawa is notable for several reasons: It spanned 30 volumes originally in various languages, but is now printed in modern editions as 6 or 10 volumes.

It served as the basis of judicial law throughout the Mughal Empire It created a legal system that treated people differently based on their religion. Fatawa-i Alamgiri as the documented Islamic law book, became the foundation of legal system of India.

Further, the English-speaking judges relied on Muslim law specialist elites to establish the law of the land, because the original Fatawa-i Alamgiri Al-Hindiya was written in Arabic. This created a social class of Islamic gentry that jealously guarded their expertise, legal authority and autonomy. It also led to inconsistent interpretation-driven, variegated judgments in similar legal cases, an issue that troubled British colonial officials. The colonial assumption was that the presumed local traditional sharia-based law, as interpreted from Fatawa-i Alamgiri, could be implemented through British-style law institution with integrity.

However, this assumption unravelled in the 2nd half of the 19th century, because of inconsistencies and internal contradictions within Fatawa-i Alamgiri, as well as because the Aurangzeb-sponsored document was based on Hanafi Sunni sharia. Shia Muslims were in conflict with Sunni Muslims of South Asia, as were other minority sects of Islam, and they questioned the applicability of Fatawa-i Alamgiri.

Thirdly, the British belief in "legal precedent" was at conflict with disregard for "legal precedent" in Anglo-Muhammadan legal system that emerged, leading colonial officials to distrust the Maulavis Muslim religious scholars.

The British colonial officials responded by creating a bureaucracy that created separate laws for Muslim sects, and non-Muslims such as Hindus in South Asia. This bureaucracy relied on Fatawa-i Alamgiri to formulate and enact a series of separate religious laws for Muslims and common laws for non-Muslims Hindus, Buddhists, Jains, Sikhs , most of which were adopted in independent India after The British tried to sponsor translations of Fatawa-i Alamgiri.

In the late 18th century, at the insistence of the British, the al-Hidaya was translated from Arabic to Persian. Charles Hamilton and William Jones translated parts of the document along with other sharia-related documents in English.

These translations triggered a decline in the power and role of the Qadis in colonial India. Neil Baillie published another translation, relying on Fatawa-i Alamgiri among other documents, in , as A Digest of Mohummudan Law.

In , Sircar published another English compilation of Muhammadan Law that included English translation of numerous sections of Fatawa-i Alamgiri.

These texts became the references that shaped law and jurisprudence in colonial India in late 19th and the first half of the 20th century, many of which continued in post-colonial India, Pakistan and Bangladesh.

The document stiffened the social stratification among Muslims. For the same crime, it declared that Muslim nobles such as Sayyids were exempt from prison, humiliation as well as physical punishments, the governors and landholders could be humiliated but not arrested nor physically punished, the middle class could be humiliated and put into prison but not physically punished, while the lowest class commoners could be arrested, humiliated and physically punished.

The emperor was granted powers to issue farmans legal doctrine that overruled fatwas of Islamic jurists.

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Fatawa Alamgiri (Urdu)- Volume 1

Criminal and personal law personal law for South Asian Muslims in 18th century, their inheritance rights,[8] personal law on gifts,[9] apostates neither have nor leave inheritance rights after they are executed,[10] the guardian of a Muslim girl may arrange and force her to marry against her will,[11] a Muslim boy of understanding who has reached puberty , required the consent of his guardian to marry. It declared the punishment of flogging or stoning to death Rajm , depending on the status of the accused. As the power shifted from Muslim rulers in India to colonial Britain, the colonial authorities decided to retain local institutions and laws, to operate under traditional pre-colonial laws instead of introducing secular European common law system. Further, the English-speaking judges relied on Muslim law specialist elites to establish the law of the land, because the original Fatawa-i Alamgiri Al-Hindiya was written in Arabic.

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