Transcript law with regard to non-muslims in medieval india

LAW WITH REGARD TO
NON-MUSLIMS IN
MEDIEVAL INDIA
THREE BROAD PRINCIPLES IN RESPECT OF THE
RESPONSIBILITY OF THE NON-MUSLIMS RESIDENTS IN AN
ISLAMIC STATE ARE RECOGNIZED BY THE SHAR’ LAW.
SINCE THE ZIMMIS DID NOT ACTIVELY SUPPORT THE MUSLIM
STATE BUT MERELY ACCEPTED ITS AUTHORITY,THEY HAD TO
REFRAIN FROM REBELLION AND PAY JIZYA TAX.
THEY WERE EXEMPTED FROM THIS TAX BY RENDERING
ACTIVE SUPPORT TO THE STATE BY ENLISTING THEMSELVES
IN THE ARMY OR JOINING CIVIL SERVICES.
THE ZIMMIS WERE EXEMPTED FROM THE APPLICATION OF
THE PERSONAL LAW OF ISLAM . AS THEY WERE THE
PROTECTED AND ALLIED PEOPLES’ OF THE MUSLIM STATE
THEY WERE FREE TO MAINTAIN THEIR INSTITUTIONS ,THEIR
FORMS OF WORSHIP,THEIR PERSONAL LAW AND IF THEY SO
DESIRED,THEIR OWN ORGANS TO IMPOSE THEIR PERSONAL
LAW.
THE ZIMMIS WERE GIVEN THE CHOICE TO CHOOSE EITHER A MUSLIM COURT
OR THEIR OWN COURT.BUT THE MUSLIM COURTS TOOK UP THE CASES
WHERE THE LITIGANTS DIFFERED IN RELIGION.
IN CASES WHERE THE LITIGANTS HAPPEN TO BE NON-MUSLIMS THE ADVISE
OF MEN LEARNED IN THAT LAW WAS TAKEN BY THE COURT.
IN ALL CASES WHERE THE LITIGANTS DIFFERED IN RELIGION ,EVEN
THOUGH ONE OF THE PARTIES TO THE DISPUTE WAS A MUSLIM,DECISIONS
WERE PRONOUNCED ON PRINCIPLES OF EQUITY.
WITH RESPECT TO THE CRIMINAL CODE,THE MUSLIM HURISTS BEFORE THE
ADVENT OF ISLAM IN TO INDIA SOLVED THE PROBLEMS INVOLVED IN ITS
UNIVERSAL APPLICATION------THEY LAID DOWN THAT THE ISLAMIC CRIMINAL
CODE WAS TO BE APPLIED ,BUT BUT WHERE IT CAME INTO CONFLICT WITH
THE MORAL NOTIONS OF THE ZIMMIS ,IT SHOULD NOT APPLY TO THEM,IF
SUCH A PROCEDURE COULD BE ADOPTED WITHOUT DANGER TO THE STATE
OR SOCIETY.FOR INSTANCE ,THE VOLUNTARY OBSERVANCE OF SATI WAS
NOT CONSIDERED AS AN OFFENCE.
THE DIFFERENT SCHOOLS OF THE MUSLIM LAW
RECOGNIZED MUSLIMS ALONE AS THE CITIZENS OF THE
ISLAMIC STATE AND THE NON-MUSLIMS WERE NOT ALLOWED
TO ENJOY THE SAME RIGHTS AS MUSLIMS.
THE LAW FOR THE HINDUS WAS “ISLAM OR DEATH”.
THE HANIFAH SCHOOL GRANTS ONLY THE SECOND-GRADE
CITIZENSHIP TO THE ZIMMIS AND IMPOSED ON THEM SOME
LEGAL AND POLITICAL DISABILITIES,WHICH EXTENDED TO
EVEN WEARING OF CLOTHES AND RIDING THE HORSE.
THEY WERE DISCRIMINATED AGAIN IN THE MATTER OF
TESTIMONY IN THE LAE COURTS AND IN MARRIAGE AND
ALSO IN MATTER OF PROTECTION UNDER THE CRIMINAL
LAW.
THE ZIMMIS WERE SUBJECTED TO PAY LAND REVENUE AND
OTHER TAXES AT DOUBLE THE RATE THAN PAID BY THE
MUSLIMS.
THE SULTANS OF DELHI FOUND IT DIFFICULT TO ENFORCE
THE MUSLIM LAW IN ITS LETTER AND SPIRIT AND THE
ATTEMPTS OF SOME SULTANS TO ENFORCE THEIR STRICT
OBSERVANCE WERE NOT MET WITH SUCCESS.
THIS IS NOT TO SAY THAT THE HINDUS COULD FREELY
OBSERVE THEIR OWN LAWS AND CUSTOMS ,BUT THE
PREVAILING ATMOSPHERE MADE IT NECESSARY FOR THE
SULTANS TO AFFECT A COMPROMISE WITH THE LAW OF THE
LAND.NEVERTHELESS, IN THE ADMINISTRATION OF JUSTICE
THE HINDUS WERE NOT TREATED ON PAR WITH THE
MUSLIMS.