indian judicial system in medival period

7/31/2019 Indian Judicial System in Medival Period

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VISHNU.VISWAMBHARAN

S2 MBA (B)

INDIAN JUDCIAL SYSTEM

IN MEDIVIAL INDIA



SCENERAIO

• Disintegration of the Harshaempire

• Muslim invasion

• Country again divided into smaller

kingdoms

• Standards of ideals of justice were

maintained in spite of politicaldivision .

• Unity of civilization was

preserved.



SCENERAIO contd…

• These fundamental principleswere applied throughout the

country .



IMPACT OF MUSLIM RULE

• A NEW RELIGION

• A NEW CIVILIZATION

•

A NEW SOCIAL SYSTEM• PROPHET HIMSELF SET THE

STANDARDS



IN QURAN

"Justice is the balance of God upon

earth in which things when

weighed are not by a particle less

or more. And He appointed the

balance that he should not

transgress in respect to the

balance; wherefore observe a justweight and diminish not the

balance".



Administration of justice

• a religious duty – regarded by the

Muslim Kings.

• under the first four Caliphs. The

first Qadi was appointed by the

Caliph Umar who enunciated the

principle that the law was

supreme and that the judge mustnever be subservient to the ruler.

• The Muslim kings in India bought

with them these high ideals.




contd…

• The Muslim kings in India bought

with them these high ideals.

• regarded justice as the keystone

of sovereignty "wherein lay the

strength of the sovereign to wipe

out the oppression“.

• unfortunately the administration

of justice under the Sultans

worked fitfully.




contd…

• The reason was that the entire

Sultanate period was confusion

and chaos.

• Consequently the quality of

justice depended very much on

the personality of the sovereign.

• throughout its existence had all

the disadvantages of an

autocracy-everything was




contd…

• temporary, personal, and had no

basic strength.

• Consequently, the democratic

ideal of government preached by

Islam was obscure in India.



Under Mughal period

• had an efficient system of

government.

• system of justice took shape.

• The unit of judicial administration

was Qazi-an office which was

borrowed from the Caliphate.

Every provincial capital had its

Qazi .



contd…

•

the head of the judicialadministration was the Supreme

Qazi of the empire (Qazi-ul-

quzat).

• every town and every village large

enough to be classed as a Qasba

had its own Qazi.

• a Qazi - "a Muslim scholor of

blameless life, thoroughly

conversant with the prescriptions

of the sacred law.



Main Defect

•

there was no system, noorganization 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.



BRITISH

• the process of replacement of the

Mughal system of justice by the

British began.

• replaced by the High Courts.

• The Mughal judicial system has

left its imprint on the present

system.

• a good part of our legal

terminology is borrowed from it.

• remind us of the great days of the

Mughal Empire.



THANK YOU

indian judicial system in medival period

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