Police and the Administration of Justice in Medieval India

Abstract

The policing system of India went through various models during the process of conquest by foreign rulers. The Aryan system was supplanted by the Muslim legal system after the Muslim rulers embarked on a more permanent stay in India. The Muslim legal system could not be implemented in its original orthodox form. In order to be incorporated into the Indian setting, the Mughal emperors had to adapt the Muslim law to the Indian environment. The Panchayati system of India in combination with the Arab and Persian systems of the Delhi sultanates and the Mughal emperors, respectively, created a very versatile and unique administrative blend. This chapter examines the system of policing and administration of justice during the Mughal period (1526–1707). It postulates that the Perso–Arab system that the Mughals inherited through the Delhi sultanates was in turn transformed when this system came into contact with the multiracial and multireligious Indian environment. The new system went through a profound change when coming into contact with Indian society, institutions, and culture. The legal system and the policing system employed by the Mughals incorporated elements of Indian law and administration. The resulting system ended up as one that can be more accurately characterized as a blend of the Arab-Persian-Indian system of administration. The system was forced to adopt a very liberal and tolerant interpretation of the Muslim law. Mughal power began to wane when the policy changed to a more orthodox Sunni model under Aurangzeb.