Mughal and Post-Mughal Legal Unity and Pluralism – Some Primary Sources

The following sources cover three dimensions of legal unity and legal pluralism in (pre-)colonial India: 1) The Hanafi codification of unequal class relations during the reign of Aurangzeb – illustrated by excerpts from the 17th century al-Fatawa al-ʿAlamgiriyah; 2) The coexistence of different rules and regulations according to religious affiliation – exemplified by a statement made by the 17th century French traveller Thévenot (Indian Travels) and by a section of al-Fatawa al-ʿAlamgiriyah. These sources are intended to shed light on religious legal pluralism in Mughal India; 3) The settlement of community affairs in accordance with the rules and regulations of the group in question. These are included in a passage written by the Scottish physician and naturalist Buchanan (A Journey from Madras) as well as in a Portuguese decree for the colony of Mozambique – reflecting the different modes of adjudication regarding Indians in South Asia and beyond (i.e. Portuguese Mozambique).