In
medieval Deccan, the qazi sat in the court as a judge, made
documents concerning inheritance and marriage, and performed
religious ceremonies. As rewards for these duties, he was
given inam lands, daily allowances and various perquisites.
His role had greatly changed under the British rule. It
was prescribed by Regulation No. 26 of 1827 of the Bombay
Act, that qazis were appointed only by the Government, and
their duties were restricted to attending the ceremony of
marriage and divorce. The appointment of the qazi al-quzat
(great qazi) or the qazi of a city, town or pargana by the
Government, was prohibited by Act No. 11 of 1864, which
abolished Regulation No. 26 of 1827 of the Bombay Act. With
Bombay Act No. 3 of 1874 (the Bombay Hereditary Office Act),
it was defined that the offices of the qazis would not be
`hereditary offices'. With Act No. 12 of 1880 (the Qazis
Act), it was prescribed that the qazis were to be appointed
in some areas where they were required by the inhabitants
for performing their ceremonies, but they would not possess
any judicial power. Many trials over the qazi took place
in the second half of the 19th century. The issues
were whether the offices of the qazis, appointed by the
imperial edict and sanads (official papers) of Muslim governments,
were hereditary or not, and whether the inam land and the
daily allowances appertaining to the office of the qazi
could be mortgaged and taken into seizure or not. In these
law-suits, it was decided that neither the offices of the
qazis nor the inam lands and the daily wages appertaining
to the offices of the qazis were recognized as hereditary,
unless the custom that the offices of the qazis were inherited
for generations, was proved.
The
`qazi' generally means `a judge', who also performed
various duties in medieval India. His duties concerned all
aspects of the lives of Muslims. The qazi were indispensable
not only for the Muslim community, but also for the Muslim
state. |