This pdf book (FATAWA ALAMGEERI) is most Authentic book of fiqh Hanafi. The Fatawa-e-Alamgiri is notable for several reasons: It was one. Fatawa-e-Alamgiri (also known as Fatawa-i-Hindiya and Fatawa-i Hindiyya) (Arabic: الفتاوى الهندية أو الفتاوى العالمكيرية ) is a compilation of law created at the Discussion · Pillage and slavery · Impact · Contemporary comments. This article examines the Fatawa Alamgiri, a compilation of authoritative Hanafi doctrines, with respect to the meaning of the official recognition of the Hanafi.
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An analysis of its usage nevertheless clarifies some of the intended meanings. Firstly, the term has been used about most of the offences mentioned in the Farman.
It is not mentioned in the articles of the Farman relating to fraud, poisoning, and prohibitions. It is difficult to argue that siyasat means punishment only and that it is prescribed only to supplement, complement or relax the hadd or ta'zir punishments.
The Farman uses the term siyasat in two types of phrases. In fact, both types of usage should fatawa e alamgiri combined to understand the meaning of the term. Thus, to me, the term siyasat denotes a general meaning of dealing with a crime in the better interest of the state and society.
Fatawa e alamgiri usage of the term in the Farman clearly suggests that siyasat in the Mughal period was a principle of Islamic law, which is independent of madhhab and even overrides the madhhab doctrines of specific punishments for specific crimes.
In case of theft, the Farman neither follows nor takes into consideration the doctrines stated in the Fatawa Alamgiri on this point.
The Farman recommends that after establishing the crime fatawa e alamgiri to the hadd procedure, the thief must be sent to prison until he fatawa e alamgiri. The Fatawa Alamgiri recommends imprisonment in case when the theft is not proven although the accused is notorious for commitment of theft on other occasions.
The Fatawa Alamgiri, in this case, also allows the state to sentence the culprit to death by way of siyasa.
The Fatawa Alamgiri and the Farman both agree on two points: Leaving the formulation of siyasat entirely to the discretion of imam statethe madhhab also seems to agree to its independence as a source of state legislation.
The Farman clearly adopts this position in case of the offence of a grave robbery. The Hanafi madhhab doctrines do not treat a grave robber nabbash as thief because fatawa e alamgiri property in the grave does not belong to anyone, and certainly not to the dead person in the grave.
The Hanafi madhhab clearly fatawa e alamgiri not prescribe amputation of hands for grave robbers.
What is "fatawa-e-alamgiri"
According to the Hanafi madhhab, murder is a private offence and fatawa e alamgiri state acts only at the instance of the aggrieved party. However, in case of a person who has committed this offence repeatedly, the Fatawa Alamgiri allows death sentence on the ground of siyasat.
The British found the Mughal criminal law and the Hanafi fiqh too lenient to control crimes.
While fatawa e alamgiri British restricted the application of the Hanafi madhhab to personal matters, they subjected the criminal law to state legislation. Requirement for the Judges I have not been able to find any official document regarding the appointment of a qadi which requires him to follow the Hanafi madhhab.
The medieval historians provide the lists of qadis in the reign of several kings without specifying the madhhab of the qadis. Ideally, a qadi must be a mujtahid, but even when he was a muqallid, follower of a fatawa e alamgiri, he could be appointed to adjudicate disputes among fatawa e alamgiri followers of other schools of law.
However, the madhhab was not determined by the personal madhhab of a qadi, but by his jurisdiction defined in the letter of his appointment taqlid.
What does fatawa-e-alamgiri mean - Definition of fatawa-e-alamgiri - Word finder
We have mentioned above that Shustrai and Ibn Battutah, respectively belonging to the Ja'fari and Maliki schools of Islamic law, were appointed qadis in India.
This system was too complex to be simply described as a system of personal law. The manuals of law which were prepared for the help of the qadis shed some light fatawa e alamgiri this intricate system.
The judgment of the Shafi'i qadi would be validated under the authority taqlid of the Hanafi qadi if the Shafi'i had no taqlid jurisdiction in the case.
It was enforceable according to Abu Hanifa, but not fatawa e alamgiri the view of his disciples. If he did so, he would do only for a wrong personal motive hawa batilnot for a noble cause.