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Fatawa 'Alamgiri

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Fatawa 'Alamgiri , also called Al-Fatawa al-Hindiyya ( Arabic : الفتاوى الهندية ; lit.   ' Fatwa of Hindustan ' ), Fatawa-e-Alamgiri or Al-Fatawa al-'Alamgiriyya ( Arabic : الفتاوى العالمكيرية ; lit.   ' Fatwa of the Alamgir ' ), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, that served as the law and principal regulating body of the Mughal Empire , during the reign of the Mughal emperor Muhammad Muhiuddin Aurangzeb Alamgir . It subsequently went on to become the reference legal text to enforce sharia in colonial South Asia in the 18th century through early 20th century, and has been heralded as "the greatest digest of Muslim law during the Mughal India ".

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42-589: Fatawa-e-Alamgiri was the work of many prominent scholars from different parts of the world, including Hejaz , principally from the Hanafi school. In order to compile Fatawa-e-Alamgiri, emperor Aurangzeb gathered 500 experts in Islamic jurisprudence, 300 from South Asia , 100 from Iraq and 100 from the Hejaz . Shaikh Nizam, a celebrated lawyer from Lahore was appointed the chairman of the commission which would compile

84-757: A Shia minority in the cities of Medina, Mecca and Jeddah. Many consider themselves more cosmopolitan because Hejaz was for centuries a part of the great empires of Islam from the Umayyads to the Ottomans . People of Hejaz, who feel particularly connected to the holy places of Mecca and Medina, have probably the most strongly articulated identity of any regional grouping in Saudi Arabia. Mawlawi (Islamic title) Mawlawi ( Arabic : مولوي , romanized :  Mawlawī ), rendered in English as Molvi ,

126-525: A new, expanded code of Islamic law. Some modern historians have written that British efforts to translate and implement Sharia from documents such as the Fatawa-e Alamgiri had a lasting legal legacy during and in post-independence India (Pakistan, India, Bangladesh and Sri Lanka). According to Jamal Malik, the document stiffened the social stratification among Muslims and broke from the consensus of Hanafi Law. He argues certain punishments reified

168-431: A number of battles or expeditions were carried out in this area, like those of Al-Aḥzāb ("The Confederates"), Badr and Ḥunayn . They involved both Makkan companions , such as Hamza ibn Abd al-Muttalib , Ubayda ibn al-Harith and Sa'd ibn Abi Waqqas , and Madani companions. The Hejaz fell under Muhammad's influence as he emerged victorious over his opponents, and was thus a part of his empire. Due to

210-638: Is a region that includes the majority of the west coast of Saudi Arabia , covering the cities of Mecca , Medina , Jeddah , Tabuk , Yanbu , Taif and Baljurashi . It is thus known as the "Western Province", and it is bordered in the west by the Red Sea , in the north by Jordan , in the east by the Najd , and in the south by the Region of 'Asir . Its largest city is Jeddah, which is the second-largest city in Saudi Arabia, with Mecca and Medina, respectively, being

252-495: Is an Islamic religious title given to Muslim religious scholars, or ulama , preceding their names, similar to the titles Mawlānā , Mullah , or Sheikh . Mawlawi generally means a highly qualified Islamic scholar, usually one who has completed full studies in a madrasa (Islamic school) or darul uloom (Islamic seminary). It is commonly used in Iran , Central Asia , South Asia , South East Asia and East Africa . The word Mawlawi

294-573: Is derived from the Arabic word mawla , which has several meanings, including "lord". Turkish Mawlawi fraternity of Sufis (Muslim mystics) was founded in Konya (Qonya), Anatolia , by the Persian Sufi poet Jalal ad-Din ar- Rumi (d. 1273), whose popular title mawlana ( Arabic for "our master") gave the order its name. The order, propagated throughout Anatolia, controlled Konya and environs by

336-696: The Mahd adh-Dhahab ("Cradle of the Gold") ( 23°30′13″N 40°51′35″E  /  23.50361°N 40.85972°E  / 23.50361; 40.85972 ) and a water source, now dried out, that used to flow 600 miles (970 km) north east to the Persian Gulf via the Wādi Al-Rummah and Wādi Al-Bātin system. Archaeological research led by of Boston University and the University of Qassim indicates that

378-514: The Qur'an , and the site is known for having structures carved into rocks, similar to Petra . Construction of the structures is credited to the people of Thamud . The location is also called Madāʾin Ṣāliḥ ("Cities of Saleh"), as it is speculated to be the city in which the Islamic prophet Saleh was sent to the people of Thamud. After the disappearance of Thamud from Mada'in Saleh, it came under

420-484: The Qur'an , supplemented by hadith narratives, including those of Sahih al-Bukhari , Sahih Muslim , Sunan Abu Dawood and Sahih at-Tirmidhi . The Fatawa is notable for several reasons: In substance similar to other Hanafi texts, the laws in Fatawa-i Alamgiri describe, among other things, the following: The Fatwa-e-Alamgiri also formalized the legal principle of Muhtasib , or office of censor that

462-700: The early Muslim conquests , and it formed part of successive caliphates, first the Rashidun Caliphate , followed by the Umayyad Caliphate , and finally the Abbasid Caliphate . The Ottoman Empire held partial control over the area; after its dissolution, an independent Kingdom of Hejaz existed briefly in 1925 before being conquered by the neighbouring Sultanate of Nejd , creating the Kingdom of Hejaz and Nejd . In September 1932,

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504-600: The 15th century and in the 17th century appeared in Istanbul . Although the words Maulvi, Molvi and Maulana are interchangeable in the Indian subcontinent as a title of respect, Maulana is more often associated with formal qualification following study at a madrasa or darul uloom whereas Maulvi is usually more a general title for religious figures. In the Pakistani and Central Asian context, where Mullah does not carry

546-861: The Anglo-Muhammadan legal system which emerged during the Company period , leading colonial officials to distrust the Maulavis (Muslim religious scholars). The colonial administration responded by creating a bureaucracy that created separate laws for Muslim sects, and non-Muslims such as Hindus in South Asia. This bureaucracy relied on Fatawa-i Alamgiri to formulate and enact a series of separate religious laws for Muslims and common laws for non-Muslims (Hindus, Buddhists, Jains, Sikhs), most of which were adopted in independent India after 1947. The British tried to sponsor translations of Fatawa-i Alamgiri. In

588-579: The Balkans, Mandi ( مَنْدي ) and Mutabbag ( مُطَبَّق ) from Yemen, Biryāni برياني and Kābli ( كابلي ) rice dishes from South Asia . Grilled meat dishes such as shawarma and kebab are well-known in Hejaz. The Hejazi dishes are known for their spice. The region is located along the Red Sea Rift. It is also known for its darker , more volcanic sand . Depending on the previous definition,

630-578: 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 zealously 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. The assumption of

672-477: The Fatawa-e-Alamgiri. The years long work of these scholars resulted in an Islamic code of law for South Asia, in the late Mughal Era . It consists of legal code on personal, family, slaves, war, property, inter-religious relations, transaction, taxation, economic and other law for a range of possible situations and their juristic rulings by the faqīh of the time. The collection comprises verses from

714-655: The Hejaz and Nejd were united as the Kingdom of Saudi Arabia. This day is commemorated as the Saudi National Day . The cultural setting of Hejaz is greatly influenced by that of Islam , especially as it contains its 2 holiest cities, Mecca and Medina. Moreover, the Quran is considered the constitution of Saudi Arabia, and the Sharia is the main legal source. In Saudi Arabia, Islam is not just adhered politically by

756-608: The Hejaz includes some of the mountains of the Sarat range , which topographically separate the Najd from Tehamah. Bdellium plants are also abundant in the Hejaz. Saudi Arabia, and in particular the Hejaz, is home to more than 2000 dormant volcanoes. Lava fields in the Hejaz, known locally by their Arabic name of ḥarrāt ( حَرَّات , singular: ḥarrah ( حَرَّة )), form one of Earth's largest alkali basalt regions, covering some 180,000 km (69,000 sq mi), an area greater than

798-658: The Hejaz was part of the Roman province of Arabia Petraea . According to Arab and Islamic sources, the civilization of Mecca started after Ibrāhīm (Abraham) brought his son Ismāʿīl (Ishmael) and wife Hājar (Hagar) here, for the latter two to stay. The Adnanites were a tribal confederation of the Ishmaelite Arabs , who trace their lineage back to Ishmael son of the Islamic prophet and patriarch Abraham and his wife Hagar through Adnan , who originate from

840-558: The Hejaz. Some people from the Yemeni tribe of Jurhum settled with them, and Isma'il reportedly married two women, one after divorcing another, at least one of them from this tribe, and helped his father to construct or re-construct the Ka'bah ('Cube'), which would have social, religious, political and historical implications for the site and region. For example, in Arab or Islamic belief,

882-526: The Kingdom of Hejaz and Nejd joined the Saudi dominions of Al-Hasa and Qatif , creating the unified Kingdom of Saudi Arabia. The name of the region is derived from a verb ḥajaza ( حَجَز ), from the Arabic root ḥ-j-z ( ح-ج-ز ), meaning "to separate", and it is so called as it separates the land of the Najd in the east from the land of Tihāmah in the west. One or possibly two megalithic dolmen have been found in Hejaz. The Hejaz includes both

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924-454: The coast of the Red Sea. The project will involve "the development of 22 of the 90+ islands" that lie along the coast to create a "fully integrated luxury mixed-use destination", and will be "governed by laws on par with international standards". The Hejaz is the most populated region in Saudi Arabia, containing 35% of the population of Saudi Arabia. Most people of Hejaz are Sunnis with

966-477: The colonial government was that the presumed local traditional sharia-based law, as interpreted from Fatawa-i Alamgiri, could be implemented through common law -style law institution with integrity. However, this assumption unravelled in the 2nd half of the 19th century, because of inconsistencies and internal contradictions within Fatawa-i Alamgiri, as well as because the Aurangzeb-sponsored document

1008-670: The end of the Ottoman suzerainty and control in Arabia, in 1916, Hussein bin Ali became the leader of an independent State of Hejaz. In 1924, Ali bin Hussein succeeded as the King of Hejaz. Then Ibn Saud succeeded Hussein as the King of Hejaz and Nejd. Ibn Saud ruled the two as separate units, known as the Kingdom of Hejaz and Nejd from 1926 to 1932. On 23 September 1932, the two kingdoms of

1050-527: The established categories: it introduced that Muslim nobles such as Sayyids were exempt from physical punishments, the governors and landholders could be humiliated but not arrested nor physically punished, the middle class could be humiliated and put into prison but not physically punished, while the lowest class commoners could be arrested, humiliated and physically punished. The emperor was granted powers to issue farmans (legal doctrine) that overruled fatwas of Islamic jurists. Mona Siddiqui notes that while

1092-520: The fourth- and fifth-largest cities in the country. As the location of the cities of Mecca and Medina, respectively the first and second holiest sites in Islam , the Hejaz is significant in the Arabo-Islamic historical and political landscape. This region is the most populated in Saudi Arabia, and Arabic is the predominant language, as in the rest of Saudi Arabia, with Hejazi Arabic being

1134-687: The government but also it has a great influence on the people's culture and everyday life. The society is in general deeply religious, conservative, traditional, and family-oriented. Many attitudes and traditions are centuries-old, derived from Arab civilization and Islamic heritage. Hejazi cuisine has mostly Arabian dishes like the rest of Saudi Arabia, Some dishes are native to the Hejaz, like Saleeg . Other Dishes were imported from other cultures through Saudis of different origins, like Mantu ( منتو ), Yaghmush ( يَغْمُش ) and Ruz Bukhāri ( رُز بُخاري ) from Central Asia, Burēk ( بُريك ) and Šurēk شُريك and Kabab almīru ( كباب الميرو ) from Turkey and

1176-551: The influence of other people, such as the Nabataeans , whose capital was Petra. Later, it would lie in a route used by Muslim Pilgrims going to Mecca. As the land of Mecca and Medina, the Hejaz was where Muhammad was born, and where he founded a Monotheistic Ummah of followers, bore patience with his foes or struggled against them, migrated from one place to another, preached or implemented his beliefs, lived and died. Given that he had both followers and enemies here,

1218-738: The 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. Neil Baillie published another translation, relying on Fatawa-i Alamgiri among other documents, in 1865, as A Digest of Mohummudan Law . In 1873, Sircar published another English compilation of Muhammadan Law that included English translation of numerous sections of Fatawa-i Alamgiri. These texts became

1260-459: The most widely spoken dialect here. Some Hejazis are of ethnically diverse origins, although the vast majority are of Arab origin. According to Islamic tradition , this region is the birthplace of the Islamic prophet Muhammad , who was born in Mecca, which is locally considered to have been founded by his ancestors Abraham , Ishmael , and Hagar . The area became part of his empire through

1302-554: The presence of the two holy cities in the Hejaz, the region was ruled by numerous empires. The Hejaz was at the center of the Rashidun Caliphate , in particular whilst its capital was Medina from 632 to 656 ACE . The region was then under the control of regional powers, such as Egypt and the Ottoman Empire , throughout much of its later history. After the Ottomans lost control of it, Hejaz became an independent state. After

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1344-823: The presence of witnesses. In 1892, Bengali scholar Muhammad Naimuddin published a four-volume Bengali language translation of the Fatawa ʿAlamgiri with the assistance of Wajed Ali Khan Panni and the patronage of Hafez Mahmud Ali Khan Panni, the Zamindar of Karatia . Kafilur Rahman Nishat Usmani , a Deobandi jurist translated the Fatawa 'Alamgiri into Urdu language. Hejaz The Hejaz ( / h iː ˈ dʒ æ z , h ɪ ˈ -/ , also US : / h ɛ ˈ -/ ; Arabic : ٱلْحِجَاز , romanized :  al-Ḥijāz , lit.   'the Barrier';, Hejazi Arabic pronunciation: [alħɪˈdʒaːz] )

1386-560: The promotions of travellers, scholars, and officials. As the power shifted from Muslim rulers in India to the British , 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. Fatawa-i Alamgiri, as the documented Islamic law book, became the foundation of legal system of India during Aurangzeb and later Muslim rulers. Further,

1428-601: The references that shaped law and jurisprudence in colonial India in late 19th and the first half of the 20th century, many of which continued in post-colonial India , Pakistan and Bangladesh . Burton Stein states that the Fatawa-i-Alamgiri represented a re-establishment of Muslim ulama prominence in the political and administrative structure that had been previously lost by Muslim elites and people during Mughal Emperor Akbar 's time. It reformulated legal principles to expand Islam and Muslim society by creating

1470-512: The river system was active in 2500–3000 BCE. According to Al-Masudi the northern part of Hejaz was a dependency of ancient Israel, and according to Butrus al-Bustani the Jews in Hejaz established a sovereign state. The German orientalist Ferdinand Wüstenfeld believed that the Jews established a state in northern Hejaz. The Midianites of the Bible lived in Hejaz. The northern part of

1512-542: The state of Missouri . Al Bahah Region : Medina : Mecca Province : Tabuk Region : As a component of Saudi Vision 2030 , a touristic destination with an area of 28,000 square kilometres (11,000 square miles) is under development, between the towns of Umluj ( 25°3′0″N 37°15′54.36″E  /  25.05000°N 37.2651000°E  / 25.05000; 37.2651000 ) and Al-Wajh ( 26°14′11.76″N 36°28′8.04″E  /  26.2366000°N 36.4689000°E  / 26.2366000; 36.4689000 ), on

1554-407: The text is called a fatawa , it is actually not a fatwa nor a collection of fatwas from Aurangzeb's time. It is a mabsūts style, furu al-fiqh -genre Islamic text, one that compiles many statements and refers back to earlier Hanafi sharia texts as justification. The text considers contract not as a written document between two parties, but an oral agreement, in some cases such as marriage, one in

1596-514: The tribe of Quraysh would descend from Isma'il ibn Ibrahim, be based in the vicinity of the Ka'bah, and include Muhammad ibn Abdullah ibn Abdul-Muttalib ibn Hashim ibn Abd Manaf . From the Period of Jāhiliyyah ('Ignorance') to the days of Muhammad, the often-warring Arab tribes would cease their hostilities during the time of Pilgrimage , and go on pilgrimage to Mecca, as inspired by Ibrahim. It

1638-468: Was already in use by previous rulers of the Mughal Empire . Any publication or information could be declared as heresy, and its transmission made a crime. Officials ( kotwal ) were created to implement the Sharia doctrine of hisbah . The offices and administrative structure created by Fatawa-e-Alamgiri aimed at Islamisation of South Asia. The Fatawa-e-Alamgiri (also spelled Fatawa al-Alamgiriyya)

1680-469: Was based on Hanafi Sunni sharia. 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. Further, Hindus did not accept the Hanafi sharia-based code of law in Fatawa-i Alamgiri. Thirdly, the belief of the colonial government in "legal precedent" came into conflict with the disregard for "legal precedent" in

1722-726: Was compiled in the late 1672, by 500 Muslim scholars from Medina , Baghdad and in the Indian Subcontinent, in Delhi (India) and Lahore (Pakistan), led by Sheikh Nizam Burhanpuri. It was a creative application of Islamic law within the Hanafi fiqh. It restricted the powers of Muslim judiciary and the Islamic jurists ability to issue discretionary fatwas . It is compiled in eight years between 1664-72. Ahmet Özel from Atatürk University has reported in his work on TDV İslâm Ansiklopedisi, el-alemgiriyye , that Fatawa-e-Alamgiri has spread fast to Anatolia during Aurangzeb rule due to

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1764-484: Was during such an occasion that Muhammad met some Madanis who would allow him to migrate to Medina, to escape persecution by his opponents in Mecca . Saudi Arabia's and Hejaz's first World Heritage Site that was recognized by the United Nations Educational, Scientific and Cultural Organization is that of Al-Hijr . The name Al-Ḥijr ("The Land of Stones" or "The Rocky Place") occurs in

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