“It is the duty of a king to enforce, if he can, those royal laws which have become proverbial owing to their principles of justice and mercy. But if owing to change of time and circumstances he is unable to enforce the laws of the ancients (i. e. ancient Muslim rulers), he should, with the counsel of wise men… frame laws suited to his time and circumstances and proceed to enforce them. Much reflection is necessary in order that laws, suited to his reign, are properly framed.”

— Ziauddin Barani

Fatawa-i-Jahandari, p.64. quoted from Lal, K. S. (1992). The legacy of Muslim rule in India. New Delhi: Aditya Prakashan. Chapter 4
Fatawa-i-Jahandari

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Ziauddin Barani 19

Indian Muslim historian and political thinker (1285–1357) 1285–1357

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Context: The words 'law and order' have so frequently been misused as an excuse for oppression that the very phrase has become suspect in countries which have known authoritarian rule. [... ] There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be. The iniquity of such practices is traditionally recognized by the precept that existing laws should not be set aside at will.

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Ziauddin Barani 19

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