Administrative law under the Durrani Empire
Administrative Law under the Durrani Empire
1. Governance and Law Sources
The Durrani Empire’s administration was largely based on Islamic Sharia law, combined with Pashtunwali (the traditional Pashtun code of conduct).
The king (Shah) held supreme power with administrative duties delegated to provincial governors (Walis) and local chiefs.
The king issued firmans (royal decrees) to regulate administrative matters.
Justice was administered by Qazis (judges) according to Islamic jurisprudence.
There was no formal system of appeal or judicial review as in modern administrative law, but complaints could be taken directly to the king.
2. Administrative Accountability
The rulers were expected to ensure justice, prevent corruption, and manage public welfare.
The king could personally investigate and punish officials for misconduct.
Tribal elders and local leaders played a role in holding administrators accountable.
Arbitrary actions were often checked by traditional councils (Jirgas) and Islamic courts.
Illustrative Cases/Events Demonstrating Administrative Law Concepts
Since there are no formal case laws from that period, here are five key examples from historical records, interpreted in an administrative law framework:
Case 1: Ahmad Shah Durrani’s Decree on Tax Collection
Situation: Provincial governors were accused of excessive taxation and corruption.
Action: Ahmad Shah issued strict orders (firmans) limiting the tax amount and emphasizing fair collection.
Administrative Principle: Protection against abuse of power by administrators; principle of reasonableness in administration.
Significance: Demonstrates the Shah’s exercise of administrative control and accountability over subordinates.
Case 2: Handling of Tribal Disputes by Local Jirgas
Situation: Inter-tribal conflicts disrupted peace and governance.
Action: The empire authorized local Jirgas to resolve disputes based on customary law, with imperial oversight.
Administrative Principle: Delegation of administrative justice; subsidiarity — resolving disputes at the local level.
Significance: Shows early forms of decentralized dispute resolution and accountability mechanisms.
Case 3: The Trial of a Governor for Misrule
Situation: A governor was accused of misgovernance and oppressing local populations.
Action: The king summoned the governor, investigated complaints, and removed him from office.
Administrative Principle: Accountability of administrators to the sovereign; removal for malfeasance.
Significance: Reflects the supreme authority’s role in administrative justice and ensuring good governance.
Case 4: Ahmad Shah’s Judicial Reforms
Situation: Islamic courts were inconsistent and sometimes biased.
Action: The Shah standardized judicial procedures and appointed trustworthy Qazis.
Administrative Principle: Establishment of due process and impartiality in administration of justice.
Significance: Early attempt to systematize administration and ensure fair treatment under law.
Case 5: Royal Edict on Protection of Trade Routes
Situation: Banditry and corruption threatened merchants and trade.
Action: The Shah ordered protection for caravans and strict punishment for corrupt officials.
Administrative Principle: Protection of public interest and enforcement of law by administrative officials.
Significance: Emphasizes duty of the administration to secure public welfare.
Summary
Administrative law in the Durrani Empire was informal and based on a combination of royal authority, Islamic law, and tribal customs.
The king exercised supreme administrative control and was responsible for ensuring justice and accountability.
Delegated administrators such as governors and judges were subject to the king’s oversight.
Traditional mechanisms like Jirgas complemented administrative governance by resolving disputes locally.
Although there were no formal courts or precedent-based case law, these historical events reveal key administrative law principles like accountability, due process, delegation, and public welfare.
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