Shari A Quotes

“['A]lamgir [Aurangzeb] came to formulate a very different model of sovereignty for himself and for the empire he ruled. In this new dispensation, the kingdom would be governed not by a charismatic, semi-divine king, but by a impersonal law -- namely, the 'shar'ia' of Hanafi Sufis -- administered by a reconstituted and vastly empowered judiciary guided by a reformed, thoroughly codified legal style. [...] In the courts of local judges in Gujarat, Hindu artisans, merchants and Brahmins commonly invoked the 'shar'ia' in transactions pertaining to buying, selling, renting and mortgaging property, or in pursuing litigation in law courts. Hindu women in particular used Islamic law in their attempts to resist patriarchal domination. The same held true further north. In the Punjabi town of Batala, writes the historian J. S. Grewal, 'the brahmin, the Khatri, the goldsmith and the Hindu carpenter frequented the qazi's court as much as the sayyid and the Muslim mason'. And in Malwa, the vast majority of attesters in court documents, excepting those dealing with Muslim marriages, were non-Muslims. While acknowledging religious difference, moreover, such courts did not draw legal boundaries around India's ethnic or religious communities. Significantly, the word 'shari'a' as used in local courts was not understood as applying to Muslims only, as it is today. Rather it carried the ordinary and non-sectarian meaning of 'legal'. Until the 1770s, when East India Company officials codified separate legal systems for Muslims and Hindus, Islamic law as it was administered in Mughal courts had functioned as common law. 'Alamgir's project of basing Mughal governance and sovereignty on a standardized codification of that law therefore built upon legal practices that, even though applied differently across the empire, were already in place in the Indian countryside.”
― Richard M. Eaton, India in the Persianate Age, 1000–1765