Legal Framework and Political Realities

Abstract

The paper addresses the portrayal and legal treatment of dhimmīs —non-Muslim subjects under Muslim rule—in the Fatāwā-i ʿĀlamgīrī , a seminal compendium of Ḥanafī jurisprudence compiled during Emperor Aurangzēb’s reign (1664–1672). As one of the most comprehensive legal texts of the Mughal period, Fatāwā-i ʿĀlamgīrī offers invaluable insight into how Islamic law classified and regulated the status of religious minorities in South Asia. This paper analyses in what ways dhimmīs were defined, discussed, and debated within the juridical framework, and contrasts that with the political and administrative policies of the Mughal state. The analysis highlights a notable disjuncture between the theoretical legal prescriptions of the ʿulamāʾ and the pragmatic rulings practiced by the Mughal rulers. By interrogating the dual discourses of law and governance, the paper contributes to a more nuanced understanding of religious minority experiences in Islamic empires and challenges monolithic interpretations of dhimmitude.