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Fatawa 'Alamgiri
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Fatawa 'Alamgiri
Fatawa 'Alamgiri, also called Al-Fatawa al-Hindiyyah (Arabic: الفتاوى الهندية; lit. 'Fatwa of India'), Fatawa Hindiyyah, Fatawa-e-Alamgiri or Al-Fatawa al-'Alamkiriyyah (Arabic: الفتاوى العالمكيرية; lit. 'Fatwa of the Alamgir'), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, that served as the law and principal regulating body of the Mughal Empire, during the reign of the Mughal emperor Muhammad Muhiuddin Aurangzeb Alamgir. It subsequently went on to become the reference legal text to enforce sharia in colonial South Asia in the 18th century through early 20th century, and has been heralded as "the greatest digest of Muslim law during the Mughal India".
Fatawa-e-Alamgiri was the work of many prominent scholars from different parts of the world, including Hejaz, principally from the Hanafi school. In order to compile Fatawa-e-Alamgiri, emperor Aurangzeb gathered 500 experts in Islamic jurisprudence, 300 from South Asia, 100 from Iraq and 100 from the Hejaz. Shaikh Nizam, a celebrated lawyer from Lahore was appointed the chairman of the commission which would compile the Fatawa-e-Alamgiri. The years long work of these scholars resulted in an Islamic code of law for South Asia, in the late Mughal Era. It consists of legal code on personal, family, slaves, war, property, inter-religious relations, transaction, taxation, economic and other law for a range of possible situations and their juristic rulings by the faqīh of the time.[citation needed]
The collection comprises verses from the Qur'an, supplemented by hadith narratives, including those of Sahih al-Bukhari, Sahih Muslim, Sunan Abu Dawood and Sahih at-Tirmidhi.
The Fatawa is notable for several reasons:
In substance similar to other Hanafi texts, the laws in Fatawa-i Alamgiri describe, among other things, the following:
The Fatwa-e-Alamgiri also formalized the legal principle of Muhtasib, or office of censor that was already in use by previous rulers of the Mughal Empire. Any publication or information could be declared as heresy, and its transmission made a crime. Officials (kotwal) were created to implement the Sharia doctrine of hisbah. The offices and administrative structure created by Fatawa-e-Alamgiri aimed at Islamisation of South Asia.
The Fatawa-e-Alamgiri (also spelled Fatawa al-Alamgiriyya) was compiled in the late 1672, by 500 Muslim scholars from Medina, Baghdad and in the Indian Subcontinent, in Delhi (India) and Lahore (Pakistan), led by Sheikh Nizam Burhanpuri. It was a creative application of Islamic law within the Hanafi fiqh. It restricted the powers of Muslim judiciary and the Islamic jurists ability to issue discretionary fatwas. It is compiled in eight years between 1664 and 1672. Ahmet Özel from Atatürk University has reported in his work on TDV İslâm Ansiklopedisi, el-alemgiriyye, that Fatawa-e-Alamgiri has spread fast to Anatolia during Aurangzeb rule due to the promotions of travellers, scholars, and officials.
As the power shifted from Muslim rulers in India to the British, 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. Fatawa-i Alamgiri, as the documented Islamic law book, became the foundation of legal system of India during Aurangzeb and later Muslim rulers. 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 zealously 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.
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Fatawa 'Alamgiri
Fatawa 'Alamgiri, also called Al-Fatawa al-Hindiyyah (Arabic: الفتاوى الهندية; lit. 'Fatwa of India'), Fatawa Hindiyyah, Fatawa-e-Alamgiri or Al-Fatawa al-'Alamkiriyyah (Arabic: الفتاوى العالمكيرية; lit. 'Fatwa of the Alamgir'), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, that served as the law and principal regulating body of the Mughal Empire, during the reign of the Mughal emperor Muhammad Muhiuddin Aurangzeb Alamgir. It subsequently went on to become the reference legal text to enforce sharia in colonial South Asia in the 18th century through early 20th century, and has been heralded as "the greatest digest of Muslim law during the Mughal India".
Fatawa-e-Alamgiri was the work of many prominent scholars from different parts of the world, including Hejaz, principally from the Hanafi school. In order to compile Fatawa-e-Alamgiri, emperor Aurangzeb gathered 500 experts in Islamic jurisprudence, 300 from South Asia, 100 from Iraq and 100 from the Hejaz. Shaikh Nizam, a celebrated lawyer from Lahore was appointed the chairman of the commission which would compile the Fatawa-e-Alamgiri. The years long work of these scholars resulted in an Islamic code of law for South Asia, in the late Mughal Era. It consists of legal code on personal, family, slaves, war, property, inter-religious relations, transaction, taxation, economic and other law for a range of possible situations and their juristic rulings by the faqīh of the time.[citation needed]
The collection comprises verses from the Qur'an, supplemented by hadith narratives, including those of Sahih al-Bukhari, Sahih Muslim, Sunan Abu Dawood and Sahih at-Tirmidhi.
The Fatawa is notable for several reasons:
In substance similar to other Hanafi texts, the laws in Fatawa-i Alamgiri describe, among other things, the following:
The Fatwa-e-Alamgiri also formalized the legal principle of Muhtasib, or office of censor that was already in use by previous rulers of the Mughal Empire. Any publication or information could be declared as heresy, and its transmission made a crime. Officials (kotwal) were created to implement the Sharia doctrine of hisbah. The offices and administrative structure created by Fatawa-e-Alamgiri aimed at Islamisation of South Asia.
The Fatawa-e-Alamgiri (also spelled Fatawa al-Alamgiriyya) was compiled in the late 1672, by 500 Muslim scholars from Medina, Baghdad and in the Indian Subcontinent, in Delhi (India) and Lahore (Pakistan), led by Sheikh Nizam Burhanpuri. It was a creative application of Islamic law within the Hanafi fiqh. It restricted the powers of Muslim judiciary and the Islamic jurists ability to issue discretionary fatwas. It is compiled in eight years between 1664 and 1672. Ahmet Özel from Atatürk University has reported in his work on TDV İslâm Ansiklopedisi, el-alemgiriyye, that Fatawa-e-Alamgiri has spread fast to Anatolia during Aurangzeb rule due to the promotions of travellers, scholars, and officials.
As the power shifted from Muslim rulers in India to the British, 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. Fatawa-i Alamgiri, as the documented Islamic law book, became the foundation of legal system of India during Aurangzeb and later Muslim rulers. 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 zealously 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.