LEGAL SYSTEM DURING THE DELHI SULTANATE (1206–1526)

Introduction

The Delhi Sultanate, which ruled northern India from 1206 to 1526, was a period marked by the
establishment of Islamic governance and legal principles. Spanning five dynasties—the Slave
(Mamluk), Khilji, Tughlaq, Sayyid, and Lodi dynasties—this era saw the introduction of a legal
and administrative system heavily influenced by Islamic law (Sharia). However, the rulers also
had to accommodate the existing customary laws followed by the predominantly Hindu
population. The legal framework during this period was a blend of Islamic jurisprudence and local
customs, which created a dual legal system catering to different communities.

Foundations of the Legal System

The legal system of the Delhi Sultanate was primarily based on Sharia, which derived its authority
from the Quran, Hadiths (sayings and actions of Prophet Muhammad), and the interpretations of
Islamic jurists. This religious law governed various aspects of life, including criminal justice,
family matters, and economic regulations, particularly for Muslims. However, in recognition of
India’s diverse religious composition, the rulers allowed non-Muslims, primarily Hindus, to follow
their customary laws in personal affairs such as marriage, inheritance, and family disputes. This
co-existence of legal systems was one of the defining characteristics of justice administration
during the Sultanate period.

The Dual Legal System and its Administration

The Delhi Sultanate operated a dual legal system to accommodate the diverse population under its
rule. For Muslims, justice was administered through Sharia courts overseen by Qazis (Islamic
judges). These courts resolved disputes, enforced contracts, and upheld Islamic law in both civil
and criminal cases. The Qazis were appointed by the Sultan and were expected to implement Sharia
with fairness, though their verdicts sometimes depended on political considerations.

For Hindus and other non-Muslim communities, justice was largely dispensed through local
panchayats (village councils) or customary courts. These bodies adhered to traditional Hindu laws
and social norms, ensuring that local traditions remained intact despite the overarching influence
of Islamic rule. However, in disputes involving both Muslims and non-Muslims, Islamic law often
prevailed, putting non-Muslims at a relative disadvantage.

The Sultan as the Supreme Authority

The Sultan was not only the political and military leader but also the ultimate judicial authority.
He was considered the “shadow of God on Earth” and had the power to interpret and enforce laws
beyond the scope of Sharia. The Sultan exercised Mazalim (discretionary justice), which allowed
him to address grievances, override judicial decisions, and ensure state security. This discretionary
power was particularly important in cases where strict adherence to Sharia might have led to unrest
or injustice. In addition to Mazalim, the Sultan issued farmans (royal decrees) to address specific
administrative and legal needs, which could sometimes modify or supplement Islamic law.
The Role of Qazis and Judicial Administration

Qazis played a crucial role in maintaining the judicial structure of the Sultanate. They were
responsible for adjudicating cases in accordance with Islamic principles, ensuring that contracts
and agreements were honored, and maintaining social order. The highest judicial authority after
the Sultan was the Sadr-us-Sudur, who supervised the appointment of Qazis and ensured their
adherence to Islamic law.

The judicial administration was further strengthened by the presence of Muhtasibs (market
inspectors), who enforced moral and economic regulations, such as fair pricing and prevention of
fraudulent trade practices. Additionally, the state maintained a strong policing system, including
spies and informants, to monitor crimes and maintain law and order.

Punishments and Law Enforcement

The legal system under the Delhi Sultanate was known for its stringent punishments, which were
primarily based on the principles of deterrence. Crimes such as theft, adultery, apostasy, and
rebellion were met with severe penalties, including amputation, flogging, or execution. The strict
enforcement of punishments was intended to maintain social order and reinforce the authority of
the Sultanate.

However, while Sharia law prescribed harsh punishments, the Sultan often exercised discretion in
their application. Political considerations, social stability, and the need to accommodate the Hindu
majority often influenced the execution of justice. Despite the severity of punishments, corruption
among officials sometimes led to the miscarriage of justice, where the wealthy and influential
could evade punishment through bribes and political influence.

Revenue and Economic Laws

The economic system of the Delhi Sultanate was deeply intertwined with its legal framework. The
state relied heavily on land revenue and taxation to sustain its administration and military. The
primary taxes included:

 Kharaj: A land tax imposed on agricultural produce.

The taxation system, particularly the kharaj and jizya, often led to economic disparities. While the
revenue system was necessary for governance, excessive taxation sometimes caused resentment
among peasants and non-Muslim communities, leading to uprisings and local resistance.

Treatment of Non-Muslims

The legal status of non-Muslims under the Delhi Sultanate was defined by the concept of dhimmi,
which granted them protection in exchange for paying the jizya tax. While non-Muslims were
allowed to practice their religion and follow their personal laws, they faced various social and legal
restrictions. For instance, they were often prohibited from building new temples, bearing arms, or
holding high-ranking government positions. These restrictions reinforced the subordinate status of
non-Muslims in the Sultanate’s legal hierarchy and contributed to social divisions.

Strengths and Weaknesses of the Legal System

The legal system of the Delhi Sultanate had several strengths. It established a centralized
administration that brought uniformity to governance, ensured economic stability through
regulated markets and taxation, and maintained social order through a structured judiciary. The
appointment of Qazis streamlined dispute resolution, while the coexistence of Islamic and
customary laws helped accommodate India’s diverse population.

However, the system also had significant weaknesses. The discrimination against non-Muslims,
including the imposition of jizya and restrictions on their legal rights, created resentment and social
divisions. The harsh punishments under Sharia law were sometimes seen as excessive, and
corruption among judicial and administrative officials led to miscarriages of justice. Additionally,
the emphasis on revenue collection often resulted in economic exploitation, particularly of
peasants and lower-class citizens.

Impact of the Legal System

The legal and administrative framework established during the Delhi Sultanate had a lasting impact
on Indian governance. It laid the groundwork for subsequent Islamic rule, particularly under the
Mughal Empire, which refined and expanded many of its legal and judicial institutions. The
introduction of formal judicial administration, codified revenue laws, and mechanisms for dispute
resolution influenced later developments in Indian legal history.

However, the discriminatory policies and rigid legal structures of the Sultanate contributed to
social tensions between different religious communities. Over time, these divisions shaped the
socio-political landscape of medieval and early modern India. Despite its challenges, the legal
system of the Delhi Sultanate played a crucial role in shaping the evolution of law and governance
in the Indian subcontinent.