Searching for Politics in a Work of Fiqh Authored during the Mughal Empire: An Analysis of the Rulings Regarding the Head of State in Al-Fatawa Al-Hindiyya
This study aims to demonstrate that works of furū al-fiqh (substantive fiqh) can serve as valuable sources of Islamic political thought, with a particular focus on the political dimensions of Hanafi fiqh literature. The paper examines al-Fatāwā al-Hindiyya, one of the most representative texts in Hanafi fiqh, compiled between 1664 and 1672 by a committee led by Shaykh Nizām of Burhānpūr (d. 1090/1679) under the orders of the Mughal Emperor Sultan Aurangzeb (r. 1658-1707). The text traces the use of terms such as "imām al-muslimīn," "imām," "amīr al-mu'minīn," "amīr," "khalīfa," "malik," and "sultan" to refer to the head of state. Through a close reading of these terms, this paper explores key questions concerning the political role of the ruler, including how the head of state attains power, his qualifications, rights, duties, the limits of his authority, and his relations with the subjects. Through this analysis, the paper seeks to uncover the conception of the head of state within this important text of furū al-fiqh also known as al-Alamgīriyya.
References to the head of state appear throughout various areas of fiqh, such as zakat, nikāh, talāq, ḥadīth, siyar, adab al-qadi, ikrah, and homicide, with particular emphasis on issues related to Friday and funeral prayers. These discussions reflect both the political and legal norms of the period. The paper aims to explore the relationship between fiqh and politics in al- Fatāwā al-Hindiyya, tracing the rulings that collectively point to the administration of the state.
Elif KELEŞ
