Hafiz Aurangzeb reading Quran
|Author||Aurangzeb and various prominent Islamic scholars|
|Language||Arabic and Persian|
|Followed by||British Raj|
Fatwa Alamgiri (also known as Fatawa e Alamgiriyya or Fatwa Hindiyya) (Arabic: الفتاوى الهندية أو الفتاوى العالمكيرية) is a sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, which served as the law and principal regulating body of the Mughal Empire, which comprised almost all of the Indian subcontinent, during the reign of the Mughal emperors Muhammad Muhiuddin Aurangzeb Alamgir and Bahadur Shah I. The compilation has been widely regarded to be one of the most well organised works in the field of Islamic jurisprudence (Fiqh).
Fatawa-e-Alamgiri was the work of many prominent scholars from different parts of the world, including Saudi Arabia, principally from the Hanafi school. In order to compile Fatawa-e-Alamgiri, emperor Aurangzeb gathered 500 experts in Islamic jurisprudence (Fiqh), 300 from South Asia, 100 from Iraq and 100 from the Hejaz (Saudi Arabia). Their work over years, resulted in an Islamic code of law for South Asia, in 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.
The Fatawa is notable for several reasons:
- It spanned 30 volumes originally in various languages, but is now printed in modern editions as 6 volumes 
- It provided significant direct contribution to the economy of South Asia, particularly Bengal Subah, waving the proto-industrialization.
- It served as the basis of judicial law throughout the Mughal Empire
- It created a legal system that treated people differently based on their religion
As the power shifted from Muslim rulers in India to British Raj, 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. 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 jealously 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.
The colonial assumption was that the presumed local traditional sharia-based law, as interpreted from Fatawa-i Alamgiri, could be implemented through British-style law institution with integrity. However, this assumption unravelled in the 2nd half of the 19th century, because of inconsistencies and internal contradictions within Fatawa-i Alamgiri, as well as because the Aurangzeb-sponsored document was based on Hanafi Sunni sharia. Shia Muslims were in conflict with Sunni Muslims of South Asia, as were other minority sects of Islam, and they questioned the applicability of Fatawa-i Alamgiri. Further, Hindus did not accept the Hanafi sharia-based code of law in Fatawa-i Alamgiri. Thirdly, the British belief in "legal precedent" was at conflict with disregard for "legal precedent" in Anglo-Muhammadan legal system that emerged, leading colonial officials to distrust the Maulavis (Muslim religious scholars). The British colonial officials responded by creating a bureaucracy that created separate laws for Muslim sects, and non-Muslims such as Hindus in South Asia. This bureaucracy relied on Fatawa-i Alamgiri to formulate and enact a series of separate religious laws for Muslims and common laws for non-Muslims (Hindus, Buddhists, Jains, Sikhs), most of which were adopted in independent India after 1947.
The British tried to sponsor translations of Fatawa-i Alamgiri. In the late 18th century, at the insistence of the British, the al-Hidaya was translated from Arabic to Persian. Charles Hamilton and William Jones translated parts of the document along with other sharia-related documents in English. These translations triggered a decline in the power and role of the Qadis in colonial India. Neil Baillie published another translation, relying on Fatawa-i Alamgiri among other documents, in 1865, as A Digest of Mohummudan Law. In 1873, Sircar published another English compilation of Muhammadan Law that included English translation of numerous sections of Fatawa-i Alamgiri. These texts became the references that shaped law and jurisprudence in colonial India in late 19th and the first half of the 20th century, many of which continued in post-colonial India, Pakistan and Bangladesh.
The Fatawa-e-Alamgiri (also spelled Fatawa al-Alamgiriyya) was compiled in the late 17th century, by 500 Muslim scholars from Medina, Baghdad and South Asia, 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.
The document stiffened the social stratification among Muslims. For the same crime, it declared that Muslim nobles such as Sayyids were exempt from prison, humiliation as well as physical punishments, the governors and landholders could be humiliated but not arrested nor physically punished, the middle class could be humiliated and put into prison but not physically punished, while the lowest class commoners could be arrested, humiliated and physically punished. The emperor was granted powers to issue farmans (legal doctrine) that overruled fatwas of Islamic jurists.
Criminal and personal law
- personal law for South Asian Muslims in the 18th century, their inheritance rights,
- personal law on gifts,
- apostates neither have nor leave inheritance rights after they are executed,
- the guardian of a Muslim girl may arrange and force her to marry against her will,
- a Muslim boy of understanding (who has reached puberty), required the consent of his guardian to marry.
- laws establishing the paternity of a child arising from valid or invalid Muslim marriages
- a Muslim man with four wives must treat all of them justly, equally and each must come to his bed when he so demands.
- distinction in property rights between Muslims and non-Muslims,
- hudud punishments for the religious crime of zina (pre-marital, extra-marital sex) by free Muslims and non-Muslim slaves. It declared the punishment of flogging or stoning to death (Rajm), depending on the status of the accused.
Pillage and slavery
- Two or more Muslims, or persons subject to Muslims, who enter a non-Muslim controlled territory for the purpose of pillage, and thus seize some property of the inhabitants there, and bring it back into the Muslim territory, that property would be legally theirs.
- The right of Muslims to purchase and own slaves,
- A Muslim man's right to have sex with a captive slave girl he owns or a slave girl owned by another Muslim (with master's consent) without marrying her,
- a Muslim master's right to acknowledge or decline recognition children born to slave girls - a recognition that affected whether the slave's children would have any inheritance, the inability of infidels (non-Muslims) to inherit,
- no inheritance rights for slaves,
- the testimony of all slaves was inadmissible in a court of law
- slaves require permission of the master before they can marry,
- a unmarried Muslim may marry a slave girl he owns but a Muslim married to a Muslim woman may not marry a slave girl,
- conditions under which the slaves may be emancipated partially or fully
The Fatawa-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.
Fatawa-i Alamgiri became the reference legal text to enforce Sharia in colonial south Asia in the 18th century through early 20th century. The document created a school of orthodox Islamic law specialists in India, particularly after the death of Aurangzeb.
Burton Stein states that the Fatawa-i-Alamgiri represented a re-establishment of Muslim ulama prominence in the political and administrative structure that had been previously lost by Muslim elites and people during Mughal Emperor Akbar's time. It reformulated legal principles to defend Islam and Muslim society by creating a new, expanded code of Islamic law.
Scholars state that the British colonial efforts to translate and implement Sharia from documents such as the Fatawa-e Alamgiri had a lasting legal legacy during and in post-colonial South Asia (Pakistan, India and Bangladesh).
Mona Siddiqui notes that while the text is called a fatawa, it is actually not a fatwa nor a collection of fatwas from Aurangzeb's time. It is a mabsūts style, furu al-fiqh-genre Islamic text, one that compiles many statements and refers back to earlier Hanafi sharia texts as justification. The text considers contract not as a written document between two parties, but an oral agreement, in some cases such as marriage, one in the presence of witnesses.
- Law of India
- Mukhtasar al-Quduri
- Mughal Empire
- Delhi Sultanate
- Radd al-Muhtar ala al-Dur al-Mukhtar
- Ibn Abidin
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- Jamal Malik (2008), Islam in South Asia: A Short History, Brill Academic, ISBN 978-9004168596, p. 195, Quote - "At the same time the Fatawa stiffened the social hierarchy of a highly stratified system at the head of which stood the emperor."
- Alan Guenther (2006), Hanafi Fiqh in Mughal India: The Fatawa-i Alamgiri, in Richard Eaton (Editor), India's Islamic Traditions: 711-1750, Oxford University Press, ISBN 978-0195683349, pp. 209-230
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- A digest of the Moohummudan law pp. 1-3 with footnotes, Neil Baillie, Smith Elder, London
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- Fatawa i-Alamgiri, Vol 1, pp. 395-397; Fatawa-i Alamgiri, Vol 1, pp. 86-88, Sheikh Nizam, al-Fatawa al-Hindiyya, 6 vols, Beirut: Dar Ihya' al-Turath al-'Arabi, 3rd Edition, (1980)
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- A digest of the Moohummudan law pp. 371 with footnote 1, Neil Baillie, Smith Elder, London
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- Fatawa i-Alamgiri, Vol 1, pp. 394-398 - Sheikh Nizam, al-Fatawa al-Hindiyya, 6 vols, Beirut: Dar Ihya' al-Turath al-'Arabi, 3rd Edition, (1980)
- A digest of the Moohummudan law pp. 386 with footnote 1, Neil Baillie, Smith Elder, London
- Regulation of Morals Mughal Administration, J Sircar
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- Daniel Collins (1987), Islamization of Pakistani Law: A Historical Perspective, Stanford Journal Int'l Law, Vol. 24, pp. 511-532
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