ISLAMIC LAW IN INDIA UNDER MUSLIM RULE

In 712 A.D.  the Arabs of Mesopotamia conquered Sind. They belonged to the Hanafi School, Mahmood Ghaznavi a Turk was also a  sunni of teh Hanafi School, so the Kazis appointed by all the Muslim rulers administered the Hanafi law by the time of Muslim conquest of India. Hanbalism and Shafeism had ceased to be important. The Shia School was also struggling for its existence in India. The contact of the Emperors of Mughal dynasty ( Babar) with the Persian rulers who were Shias and the existence of some kingdoms in the Deccan with Shia rulers, helped to established Shia Law which was recognised by the Nawabs of Oudh, through Akbar the Mughal Emperor re-established the orthodox ( Sunni) Islam as the state religion. Hence the real struggle was between the Hanafis and the Shias.

Along with the penetration of Islam into India, the Islamic Law was also transplanted. The rulers laid down for the treatment of Zimmis ( non- Muslim subjects or Hindu could not be applied in their entirely ) The Zakat  ( contribution of a portion of property or alms was due from a Muslim and to the capitation tax (Jizya) was inseparable from the status of a non Muslim ( Zimmi or Hindu) Tax on pilgrimages was the furthest stretch of systematic, interference with Hindu worship. The non-Muslims were  continued to be regulated by their own sacred laws in matters of marriage, adoption and inheritance. But the Muslim rulers kept in their own hands the administration of the Criminal Law. The law of contract was also not uniform. The land system was also regulated on the principles based on Islamic Law, and the laws relating to lands were applied to all land-holders equally irrespective of religion.
Hence, wherever there was a conflict between the Islamic Law and the sacred laws of the Hindus the former prevailed. But it was only during the British rule, that the Islamic Law got recognition in the real sense.