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The Power of Qazi


Qazi Muhammad Sharf was the Qazi of Bengal administration. It was early 18th century when Azim-Ush-Shan (Grandson of 6th Mughal Emperor Aurangzeb) was the Subahdar of Bengal. During this period the Qazi was the Judge in the court and a very powerful entity. Apart from the judicial responsibility, a Qazi had to do some nonjudicial activities too, such as religious endowments, accession or deposition of a ruler, the execution of wills, accreditation of witnesses, guardianship over orphans and other social responsibilities. To be a Qazi one must be a Muslim, adult, educated on sharia laws. He must be trust worthy by the supreme emperors who usually appointed them to different administrations. Qazis held no lesser authority than subedar or diwans of those administrations.

One day a mendicant asked for some alms from Brindaban Talukdar, a zamindar at Shonamukhi. Brindaban was annoyed by the mendicant and got him out of his house. The mendicant went outside and on the passage that leads to the house of Talukdar, he collected some bricks and laid them one above the other to make a short wall like foundation over the pathway. Then he announced it as a mosque, and started doing azan loudly. Hearing this, Brindaban came to the spot to have a look and became very angry at the mendicant. He expelled the man from there and broke the wall. The mendicant went to the court of justice of nawab Jafar Khan (Diwan of Bengal, mostly known as Murshid-Kuli-Khan) to lodge a complaint against Brindaban Talukdar for demolishing a mosque.

Qazi Muhammad Sharf was the judge of the court. Hearing all the complaints and with the concurrence of other ulema, acting on the injunction of the sacred law, passed a life sentence for the accused. It was a call for the life of that zamindar who refused to give alms to that mendicant, and only because he broke a wall made of bricks on the passage to his house, which the mendicant called a mosque. But the judgement is the judgement, passed by the Qazi himself.

But Jafar Khan could not remain silent and asked the Qazi if there was any way the man could be let off. The Qazi said the only interval may be allowed is of his death interceder, after which he must be executed. Not just Jafar Khan, the Subahdar Azim-ush-Shan himself requested the Qazi and received the same response. Then Azim-ush-Shan and Jafar Khan both wrote to the emperor Aurangzeb that he was the only one who could save Brindaban’s life. But the emperor replied that the Qazi is with the God.

Brindaban Talukdar had to face death sentence and no one could stop it from happening. A Qazi was of such powerful authority that the Diwan or Subahdar or even the emperor himself could not change the judgement. But one thing is there to mention, that there was no discrimination at that time. The court of Jafar Khan was never prejudiced. Whether it was Hindu-Muslim or rich-poor everyone was equal to the eyes of the court and justice was always equal to all. A Qazi was a person whose judgement was always devoid of interference. A supreme authority.

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