The Fatawa is notable for several reasons: It spanned 30 volumes originally in various languages, but is now printed in modern editions as 6 or 10 volumes. 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. 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.
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Criminal and personal law personal law for South Asian Muslims in 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.
It declared the punishment of flogging or stoning to death Rajm , depending on the status of the accused. As the power shifted from Muslim rulers in India to colonial Britain, 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.
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.
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.
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. In 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. It reformulated legal principles to defend Islam and Muslim society by creating a new, expanded code of Islamic law.
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.
Fatawa Alamgeeri in URDU
Can anyone verify this? I made similar changes to the page previously but they were reversed. Let me explain why I have made them: Fiqh is a genre of Islamic scholarship. Al-Fatawa-i-Hindiya is grammatically incorrect: it is an amalgamation of Arabic and Persian grammar. The title can either be in Arabic: al-Fatawa al-Hindiya. Or in Persian: Fatawa-i Hindiya. It does not mean compilation, and it is not a countable noun.
Fatawa Alamgiri Urdu Translation Pdf Free Download