CHANGES INTRODUCED BY AKBAR IN JUDICIAL SETUP

HE WAS MORE FARSIGHTED AND ORIGINAL THAN HIS PREDECESSORS.HE POSSESSED A LARGE MEASURE OF HUMANITY IN HIS CHARACTER AND HATED PRIDE AND ARROGANCE. IN HIS DESIRE TO IMANCIPATE FROM THE THRALDOM OF THE RELIGION OF A MINORITY AND EXTRICATE HER FROM THE CLAMPS OF THEOCRACY REPEALED THE ISLAMIC LAW CONCERNING NON- MUSLIMS.

IN 1562, AKBAR REPEALED THE LAW IN RESPECT OF CONVERTING THE PRISONERS OF WAR AND THOSE OF THEIR FAMILIES INTO SLAVES AND MUSLIMS. IN 1563, HE ABOLISHED THE PILGRIM TAX PAID BY THE NON- MUSLIMS AND IN THE FOLLOWING YEAR THE JIZYA TAX.ALL THE OTHER ISLAMIC LAWS,WHICH IMPOSED SOCIAL,RELIGIOUS AND LEGAL DISABILITIESON THE HINDUS,WERE REPEALED ONE AFTER THE OTHER. HE DESIRE TO FUSE TOGETHER THE DIFFERENT CLASSES OF HIS SUBJECTS BY BONDS OF A COMMON CITIZENSHIP AND TO ESTABLISH A SECULAR STATE.THEREFORE HE ACCORDED RECOGNITION TO ALL RELIGIONS EXISTING IN THE LAND TO CARRY ON LIMITED RELIGIOUS PROPAGANDA AND PROSELYTISM. BY AN ORDINANCE,HE PERMITTED THE BUILDING OF TEMPLES AND OTHER RELIGIOUS STRUCTURES BY ANOTHER ORDINANCE(1580),THE HINDUS WHO WERE FORCIBLY IN TO ISLAM WERE RERMITTED TO REVERT TO THE RELIGION OF THEIR FOREFATHERS.THIS FACILITY WAS EXTENDED TO HINDU WOMEN WHO WERE FORCIBLY MARRIED TO THE MUSLIMS.

A FAR MORE REVOLUTIONARY EVIDENCE LED TO THE REPEAL OF THE LAW IMPOSING PUNISHMENT OF DEATH FOR CRITISING THE RELIGION OF ISLAM OR THE CONDUCT OF PROPHET MOHAMMED. HE ALSO AMMENDED THE PERSONAL LAW OF THE MUSLIMS AND THE HINDUS.HE INTRODUCED VITAL ARRANGEMENTS RELATING TO MARRIAGE AND DIVORCE. HE ORDERED THE MUSLIM MEN COULD MARRY THE SECOND WIFE ONLY IF THE FIRST ONE WAS BARREN.A MUSLIM WOMEN WAS NOT ALLOWED TO REMARRY IF SHE CEASED TO HAVE MENSES. SIMILARLY THE MARRAIGES BETWEEN THE COUSINS AND THE NEAR RELATIVES WERE FORBIDDEN. HE FIXED THE MARRAIGABLE AGE FOR BOYS AND GIRLS AT16 AND 14 RESPECTIVELY.

PROHIBITION WAS IMPOSED ON THE OBSERVANCE OF THE RISE OF SUNNAT OR CIRCUMCISION BEFORE THE AGE OF 12 AND EVEN THEN LEFT IT TO THE OPTION OF THE BOY.THESE LAWS WERE ENFORCED BY THE KOTWALS IN THE CITIES. THE MARRIAGE LAWS WERE MADE APPLICABLE TO THE HINDUS AS WELL.HINDU WOMEN IF SO DESIRER, WERE PERMITTED TO REMARRY AND VOLUNTARY SATI OBSERVANCE WAS ALLOWED. HE REMOVED ALL LEGAL DISABILITIES IMPOSED ON THE HINDUS AND EXTENDED THE SCOPE OF THE COMMON LAW BY PRESCRIBING UNIFORM RATES OF LAND REVENUE AND OTHER TAXES. CORRESPONDLY,THE SCOPE OF THE MUSLIM JURISPRUDENCE BEGAN TO SHRINK PAVING THE WAY FOR THE ESTABLISHMENT OF COMMON LEGAL SYSTEM.

MANY OF THESE REFORMS DID NOT SURVIVE AKBAR. HIS SON REVOKED THE AMENDMENTS RELATING TO THE PERSONAL LAW OF THE MUSLIMS.SHAHJAHAN WITHDREW PERMISSION FOR THE CONSTRUCTION OF NEW TEMPLES AND REPAIRING OF THE OLDER ONES. AURANGZEB WHO WAS INTERESTED IN MAKING THE EMPIRE AN ISLAMIC STATE RESTORED THE SUPREMACY OF SHAR LAW. BY THE TIME WE COME TO THE END OF THE MUGHAL RULE ALL THE LAWS THAT WERE IN OPERATION PRIOR TO THE REFORMS OF AKBAR HAD BEEN RESTORED.