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Showing posts with label History of Indian sub-continent. Show all posts
Showing posts with label History of Indian sub-continent. Show all posts
Tuesday, October 19, 2021
The Social System of Islam | In Mediaeval India or Indian Sub-continent Muslim Social Order.
MD_Shah009
Tuesday, October 19, 2021
2
Muslim Social Order Under Islamic Law
'political theory and religion system on The Indian Sub-continent in Mediaeval India.'
The social system of Muslims was based on their religion, Islam, which may be described as a reformist version of current 7th century Arabian practice. The Muslims followed the principles of equality for men and they had no faith in the graded or sanctified inequality of caste system.
Muslim religion places every man on an equal footing before Allah, overriding distinctions of class, nationality, race and cooler.
It was in a sense more patriarchal and of necessity, arbitrary, i.e. not bound by rigid rules. Polygamy was restricted by Islam to the taking of four wives. The main underlying idea of the Muslim rule in India was its own self-preservation and political domination over Hindus.
In the early days, no doubt, the Muslims who
came from Persia, Turkey and Afghanistan kept themselves aloof from the
Indians, but in due course the old barriers were’ lifted and a process of
Indianisation began which reached its climax during the Mughal period. The
Muslims adopted many habits, ways and manners of Hindus and vice versa.
The political theory of Muslims was governed by their religion; Islam. It was based on the teachings of the Quran, their religious book, the traditions of the Prophet and precedent. The teachings laid down only the fundamental principles on which the Islamic policy was based. No well-defined political institution was specifically created by the Quran.
The political institutions which were adopted and developed by the Muslims were based on the ideas given by the Greek philosophers. according to the Indian which was totally wrong. Sovereignty in a Muslim State belonged to Allah.
The Muslim kings in India in general regarded themselves as Allah humble servants (Nyazmande-dargah-e-Ilahi). The ruler was his delegate, duly elected by the people to perform certain functions according to the Quran. The Muslim polity was based on the conception of the legal sovereignty of the Sharia or Islamic Law.
The political theory laid emphasis on the fact that all Muslims formed one congregation of the faithful’s and it was necessary for them to unite closely in the form of an organized community. Any attempt to break away from the organized community was condemned by the religion.
All the members of the community elected the Khalifah or Caliph as the commander of the faithful’s. It was made obligatory on all Muslims to owe allegiance to the Caliph who was also their ruler: In India the Sultans of Delhi, though absolute regents, claimed to be the representatives of the Caliph.
The Quran being of outright
power, all contention focused round its understanding, from which emerged the
Muslim Law or Shariat. But the Muslims to which the Turks and Afghans in
India adhered, and the in Persia.
The Muslim religion, changed by
its Turkish and Afghan impacts, was additionally altered by the Persian culture
by which every one of the intruders were pretty much affected.
Kulkarni has brought up:
"The Turkish intruders of India introduced a political and strict plan in the country, the fundamental unfairness and imbalance of which couldn't be entirely eliminated even by the most illuminated Muslim rulers. Strict prejudice and bigotry were the bedrock of their arrangement."
The arrangement of prejudice enlivened the Sultans to proliferate weird regulations. According to the Hindu peoples but we know that this is absolutely wrong. While Firoz Shah declared with admirable finality that India was a country.
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Saturday, October 9, 2021
Muslim Period in the beginning of the legal history of India | Muslim Period: in Indian Sub-continent
MD_Shah009
Saturday, October 09, 2021
0
The Muslim Period in Mediaeval India
Muslim period marks the beginning of a new era in the legal history of India. Bedouins were the primary Arabs Muslims who came to India. They came in the 8th century and settled down in the Malabar Coast and in Sind but never penetrated further. This was generally tragic, for, in the event that they had done as such as they did in Europe, Indian culture and human progress would not have deteriorated.
The synthesis between Islamic and Hindu cultures would have blossomed and Indians would have taken the palm in scientific advancement instead of the Europeans who had the benefit of Arabic culture.
For what it's worth, the Arabs vanquished the Persians, Afghans, and Turks, and changed them over to Islam; and it was the Afghans and Turks who were let free on India.
Just as the Roman Empire collapsed before the German the Huns and Goths so too the Hindu kingdoms fell before the Asian the Afghans and Turks.
However, having come to India as rulers, they were politic enough not to irritate the Hindus totally.
In the event that things proceeded as they were, all would have been well on the grounds that regardless of some hostility the two societies would have become one in process of everything working out.
Rulers like Akbar, the Great, and saints like Kabir strove hard for such unity, but unfortunately for the Indians.
the British arrived on the scene advance themselves, to establish themselves as dealers and gain power and having obtained the ability to merge themselves as rulers and sit immovably in the Red Fort at Delhi, they fanned into blazes the perishing coals of antagonism between Hindus and Muslims.
However long they remained in India they kept it up and even while stopping India they intentionally parceled the country into India and Pakistan to politically debilitate the subcontinent.
In this unique situation, it is of some significance to decide momentarily the primary explanations behind the defeat of the Hindu realm and study the Muslim social request, political hypothesis, and strict way of thinking.
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Brief history About The Muslim Period: in Medieval India | Muslim Period: in Indian Sub-continent
MD_Shah009
Saturday, October 09, 2021
0
Muslim Period in Medieval India
This period begins with
the intrusion by Turkish Muslims in the Indian Sub-landmass in 1100 A.D. The
Hindu kingdoms began to disintegrate gradually with the invasion of the Turkish
race at the end of the eleventh and the beginning of the twelfth century. When
Muslims conquered the states, they brought with them the Turkish idea of
administration. The hypothesis of Muslims depended on Quran, their strict book.
As indicated by the Quran, power lies in Allah (God) and the King is His
unassuming worker to do His will on the earth. The ruler was regarded as
trustee, being the Almighty's chosen agent.
The entire Muslim period in India might be separated into two sub-periods-
- the Sultanate of Delhi and
- the Mughal Empire.
Muslim Sultanate was
established in Delhi by Muhammad Ghor. This period existed for a long time
starting from 1206 till 1526.
Then again, in 1526 Delhi Sultanate reached a conclusion when Delhi was caught by Zahiruddin Babar. Babar founded the Mughal Empire in India existed until 1857.
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Wednesday, September 22, 2021
Judicial System in Ancient India or Indian sub-continaint | Hindu Period
MD_Shah009
Wednesday, September 22, 2021
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During the Hindi period in Ancient India, Hindu society, institutions and beliefs gradually developed and a definite shape was given to them the ancient Hindu ideology. In order to understand property the ancient judicial system of India, it is of vital important to consider briefly three important factors:
1. the social institutions in Ancient India.
2. its political system and institutions and lastly, its religion and religious philosophy.
the social order two important concepts may be stated, namely, the caste system and the joint family system.
(a) Caste system:
The caste system emerged in Ancient India as unique and one of the most rigid social systems ever developed in any part of the world. A caste was a social group consisting solely of persons born in it.
Whole society was divided into four main castes. The four castes were precisely and clearly defined and rules pertaining to their lawful activities and functions dominated all social activities.
The Brahmins were considered to be the most superior caste. The scholars and priests of the Hindus belonged to this caste.
The Kshatriyas were the nobles and warriors and to this caste rulers of various states and kingdoms mostly belonged.
The Sudras were the workers and ranked lowest.
The caste was determined by birth. The members of the three upper classes, namely, Brahmins, Kshatriyas and Vaisyas were the elite of Hindu society.
Each caste panchayat was regarded as a supreme authority for the particular caste in each village. It gave stability to Indian society. Though the caste system was conservative, still it was most needed to suit the requirements of Ancient India.
(b) Joint family system:
The joint family system was another important institution which determined the social order amongst Hindus in Ancient India. A family was regarded as a unit of the Hindu social system. An ancient family included parents, children, grandchildren, uncles and their descendants, and their collaterals on the male side. This social group had common dwelling and enjoyed their estate in common. At the head of the family was the patriarch, whose authority was absolute over the members of his family.
Tuesday, September 21, 2021
Ancient Judicial Procedure System of The Hindu Period | Hindu Period: in Indian Sub-continent
MD_Shah009
Tuesday, September 21, 2021
0
Judicial Procedure
Stages of a suit:
A suit or trial consisted of four stages- the plaint, the reply, the trial and investigation, and finally the verdict or decision of the courts.
A bench of more than on judges:
The principle that justice should not be administered by a single judge. Generally, A bench of two or more judges would administer justice. Even the King decided cases in his council.
Appointment of Judges and Judicial Standard:
In the appointment of the Chief Justice and other judges the question of caste consideration played a vital role. Appointments were made from among the persons who were highly qualified and learned in the law. Women were not allowed to hold the office of a judge. Judges were required to take the oath of impartiality when deciding disputes between citizens.
The doctrine of Precedent:
The decisions of the King’s court were binding on all lower courts. The principles of law declared by higher courts were taken into consideration by the lower courts while deciding cases.
Evidence:
Evidence was based on any or all the three sources- namely, documents, witnesses, and the possession of incriminating objects. In criminal cases, sometimes circumstantial evidence was sufficient to punish the criminal or acquit him.
Trial by Ordeal:
The ordeal which was a kind of custom based on religion and faith in the creator was a means of proof to determine the guilt of the person. Some common ordeals are described below:
i. Ordeal by Fire: According to the ordeal of fire, the accused was directed to walk through or stand or sit in the fire for some specified time. If the accused comes out from the fire without any harm, he was considered to innocent. Sometimes the accused was asked to carry a red hot iron ball in his hand and walk a few paces. If he had no signs of burns after the ordeal, he was considered to be innocent.
ii. Ordeal by Water: Water seen as a sign of purity under the Hindu mythology was used to test the guilt of the accused. The accused was required to stand in waist-deep water and then to sit down in the water, as an archer shot to an arrow. If the accused remained in the water during the time limit, he was held to be innocent. Alternatively, the accused was required to drink water used in bathing the idol. If he had no harmful effects within the next fourteen days, he was declared to be innocent.
iii. Ordeal by Poison: This method was also based on the view that the creator protects innocent people. The accused was required to drink poison without vomiting it. If he survived, he was declared to be innocent.
iv. Ordeal by Rice-grains: The accused was required to chew unhusked rice and then asked to spit out. If blood appeared in his mouth, he was considered to be guilty, otherwise not.
v. Ordeal by Lot: Two lots of the same type representing Right (Dharma) and (Adharma) were placed in a jar. The accused was asked to draw a lot. If the accused drew Dharma he was declared innocent.
Trial by Jury:
The jury system existed in ancient India but not in the safe form as understood in today’s world. There is evidence that the community members used to assist the administration of justice. They were merely examiners of the cause of conflict and placed true facts before the judges though the verdict was declared by the presiding judge and not by the jury.
Crimes and Punishments:
The philosophy of crime and punishment was based on the idea that the punishment removed impurities from the accused person and his character was reformed. Before punishment was to be awarded the judge had to consider the motive and nature of the offense, time and place, strength, age, conduct, learning, and monetary position of the offender. There were four methods of punishment- by gentle admonition, by severe reproof, by fine, and by corporal punishment. These punishments could be inflicted separately or together depending upon the nature of the offense. Judges always considered the relevant circumstances before deciding actual punishment. The severity of punishment depended on caste as well. Certain classes of persons were exempted from punishment. Old people over eighty, boys below sixteen, 'women and persons suffering from diseases were to be given half of the normal punishment. A child below five was considered to be immune from committing any crime and therefore was not liable to be punished. In adultery and rape, punishment was awarded on the basis of the caste considerations of the offender and of the woman. In abuse or contempt case every care was taken to see that each higher caste got due respect from persons of lower caste. For example, if a person of a lower caste sat with a person of higher caste, the man of the lower caste was to be branded on the breech. For committing murder the murderer was to pay 1000 cows for killing a Kshatriya, 100 for a Vaisyo and 10 for a Sudra. These cows were givento the King to be delivered to the relatives of the murdered person. A bull was given to the King as a fine for murder. If a Brahmin was killed by a person of a lower caste, the murderer would be put to death and his property confiscated. If a Brahmin was killed by another Brahmin he was to be branded and banished. If a Brahmin killed a person from lower caste, he was to compound for the offence by fine. For plotting against the King, forcibly entering into the harem of the King, aiding the King's enemy, creating revolt in the army, murdering ones father or mother or committing serious arson, capital punishment was given in varied forms, namely, roasting alive, drowning, trampling by elephants, devouring by dogs, cutting into pieces, impalement etc.
The above discussion on crime and punishment gives a necessary idea that infliction of punishment was not based on any broad principle rather on whim and caste consideration which was completely devoid of any humanity and ethics.
Ancient Judicial System in the Hindu period | Hindu Period: in Indian Sub-continent
MD_Shah009
Tuesday, September 21, 2021
0
Hindu period: Ancient Judicial System
This period extends for nearly 1500 years before and after the beginning of the Christian ear. Ancient India was divided into several independent states and the Kings were the supreme authority of each state. The essential features of the judicial system of this period were as follows:
Organization of Court Structure
The King’s Court :
The King’s court was the highest court of appeal in the state. It was also a court of original jurisdiction for cases of vital importance to the state. The chief justice and other Judges, ministers, elders, and representatives of the trading community.
The Chief Justice’s Court :
The Chief Justice’s court consisted of the Chief Justice and a board of judges to assist him. All the judges in the board belonged to three upper castes preferably Brahmins.
Special Tribunal :
Sometimes separate tribunals with specified territorial jurisdiction used to be formed from among judges who were members of the board of the Chief justice’s court.
Town or District court :
In towns and district courts were run by the government officials to administer justice under the authority of the King.
Village Council :
The local village councils or Kulani were constituted at the village level. A board of five members or more were appointed for the administration of justice to villagers.
The History of The Vedic Age | Hindu Period: in Indian Sub-continent
MD_Shah009
Tuesday, September 21, 2021
2
When the process of formation of society and state was over, it was felt that there should be an organized administration that could give justice. For the purposes of public peace and advancement, this was a necessary factor because, in case of disturbance, social and religious progress was not static, it was dynamic.
Sutras
The term Sutra in common parlance means a thread; it was also used to show a manual of instructions on various subjects.
Types of sutras:
The Kalpa Sutras are the oldest Sutra works. It is of three types:
Srautrasutras ;
Grihyasutras;
Dharmasutras.
Srautrasutras are based on Shruti, the Vedas. They are useful for the study of the history of religion. Grihyasutras depict domestic religious ceremonies of Sanskaras. They lay emphasis on the ideas of social welfare and explain elaborate rules for governing society concerning religion, domestic duties, and relations between members of society. Dharmasutras are a manual of human conduct. It speaks of wider relations of man to the state, duties of varnas and ashramas, social usages, customs, and practices of everyday life.
This period is a period to which one can assign the beginning of civil and criminal laws.
Civil law includes topics such as 1) taxes, 2) inheritance, and 3) position of women.
Criminal law includes topics such as 1) assault, 2) adultery and 3) thefts, etc.
Dharmasutras
They are the earliest sources of Hindu law. Gautama, Baudhayana, Vasishta, And Apastambha. They are different authors of Dharmasutras. Gautama’s Dharmasutra is the oldest (6th century).
As time went on, the Dharmasutras came to be known as Dharmasastras or instructions in sacred law. Smritis have played a great role in molding the life of Hindus. They are considered as the only authentic guides to law, custom, and duty and have a divine origin. In case of conflict between Vedas and Smritis, Smrities have an upper hand.
Role of smritikars
Smritikars were a system of rule for the welfare of society and social solidarity. They have played a very important role in preparing rules for regulating the social and religious life of the people.
Manu and manusmriti :
Manu is the most famous and outstanding figure in the history of lawgivers of antiquity. By preparing the Manusmriti, he gave India the first code of civil and criminal law. This code is still valuable and regulates the conduct and nature of Indian society.
Manusmriti has classified law 18 titles. Manu insists on justice and equity. Thus, Manusmriti is the most outstanding and dominating work among the Dharmasastras.
Brihaspati, Yajanavalkya, Narada, and Katayayana represent the last stage of legal development.
Brihaspati :
Brihaspati tells us about seven courts. His concern for even-handed justice becomes evident when he amplifies rules relating to different classes of evidence with their characteristics.
Yajnavalkya :
He arranged the material of Manusmriti in a systematic and concise manner. He was the first to mention specifically three popular courts namely- Kula, Sreni, and Puga. He had also described the process of judicial procedure. He observes that the mode of proof was three-fold:
Documents;
Witnesses and;
Possession.
Narada :
He provides the first legal commentary which is not loaded with precepts pf religion and morality. However, the judicial procedure advocated by him is a highly complex one. Narada amplifies and explains the view of Manu in respect of witnesses and divides them into 11 classes.
Katyayana :
Katyayana makes up a “triumvirate” in the realm of Hindu law and procedure, the other two being Brihaspati and Narada. He gave a detailed account of the constitution of the courts of justice and given an elaborate description of the court procedure. He refuses a remedy if it is not sanctioned by the usages of the country. A verdict pronounced by the court was called Jaya-Patra.
