1
CHANGES INTRODUCED BY AKBAR IN JUDICIAL SETUP
2 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EXTRICATE HER FROM THE CLAMPS OF THEOCRACY REPEALED THE ISLAMIC LAW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.
3 IN 1562, AKBAR REPEALED THE LAW IN RESPECT OF CONVERTING THE PRISONERS OF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DISABILITIESON THE HINDUS,WERE REPEALED ONE AFTER THE OTHER.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.
4 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.
5 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.
6 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.