Awrangzīb ‘Ālamgīrī Khān of the Timurid Dynasty and the Criminal Code (Ta‘zīrāt)
About this ebook
interest emerged during research on Ottoman legal codes, which revealed references to a Baburid Taʿzīrāt Qanunnāme in Western
scholarship. In 2022, the author accessed the only known manuscript of this text, preserved in Iran’s National Manuscripts Archive. Upon examination, the Taʿzīrāt was found to closely resemble contemporary Ottoman qanunnāmes in both structure and conformity with Sharīʿah principles.
The Timurid Dynasty and the Manuscript of Taʿzīrāt:
The Timurid Dynasty is presented as a continuation of the Timurid dynasty founded by Emir Timur. Babur established the Timurid Dynasty in India in 1526. The Taʿzīrāt manuscript, written in Persian and
preserved in Iran, is believed to be the only surviving copy and reflects a systematic codification of taʿzīr punishments.
Evrengzîb ʿĀlamgīr Khan and His Legal Works:
Evrengzîb ʿĀlamgīr Khan (1658–1707) was the most powerful Baburid ruler and a devout Muslim. Under his authority, three major
legal works were produced: the Fatāwā-i ʿĀlamgīrī, the Administrative Code, and the Taʿzīrāt, all aiming to systematize Islamic law in governance.
State Codification of Sharīʿah Rules:
Islamic states primarily codified existing fiqh rulings rather than legislating independently. The Fatāwā-i ʿĀlamgīrī represents the most comprehensive Hanafi legal compilation in South Asia and later influenced colonial legal practice.
Babur’s Qānūnnāme and Taʿzīr Authority:
Taʿzīr punishments address crimes without fixed penalties in Sharīʿah and are determined by state authority. Awrangzīb’s Taʿzīrāt Timurlu Hanedanından Evrengzîb Âlemgîrî Hân ve Ceza Kanunnâmesi (Ta‘zirât) parallels Ottoman penal codes and formalized discretionary punishment.
Taʿzīr Crimes and Punishments:
Taʿzīr includes punishments for sinful acts, public order violations, and minor offenses. Punishments range from admonition to
imprisonment and capital punishment, aiming to preserve public order.
Objectives and Limits of Taʿzīr:
Taʿzīr punishments must align with Sharīʿah, be proportional, deterrent, and equally applied. Judicial discretion is limited by ethical and legal principles.
Comparison with the Ottoman Legal System:
Both Babur state and Ottoman systems adopted the Hanafi madhhab, codified Sharīʿah through fiqh texts, and regulated tazir via qanunnames, reflecting a shared Islamic legal tradition.
