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.