Religion and State in Late Mughal India : The Official Status of the Fatawa Alamgiri

Following the advent of the phenomenon of the nation-state in modern Muslim countries, the issue of the relationship between the state and religion assumed great significance. Islamic scholars have differed over the scope of this relationship, and a key factor underpinning this inquiry has been different interpretations of the various schools of Islamic law. In this regard, the Hanafi school, due to its wide following, has been the center of attention of Islamic scholars since long. This article examines the Fatawa Alamgiri, a compilation of authoritative Hanafi doctrines, with respect to the meaning of the official recognition of the Hanafi school and the relationship between the state and madhhab (school). The meaning of official recognition is explored in the context of personal madhhab of the kings, royal patronage of madhhab, madhhab as a source of legislation, requirements for judges to interpret madhhab, and prevalence of madhhab among the masses. This article concludes that official recognition of madhhab cannot be obtained only on the basis of the evidence of personal adoption of madhhab by kings, its royal patronage, and its prevalence among the masses. In fact, official recognition is obtained when a madhhab becomes the exclusive source of legislation in the state, and judges are required to adhere to it exclusively. In this sense the Hanafi madhhab was never recognized as an official madhhab in pre-colonial India.