Article contents
An Uncertain Inheritance: The Imperial Travels of Legal Migrants, from British India to Ottoman Iraq
Published online by Cambridge University Press: 27 August 2014
Extract
Like many nineteenth-century travelers, Iqbal al-Daulah, a cousin of the Nawab of the Indian princely state of Awadh, navigated multiple legal systems as he migrated across Asia, Europe, and the Middle East. Living through the absorption of Awadh into the expanding British Empire, he eventually joined a community of Indian Shias in Ottoman Iraq, who regularly used British consular courts. While still in India, Iqbal al-Daulah composed a tribute in Persian and English to British justice. He described British courts in the following laudatory terms: “What Ease is afforded to Petitioners! The Doors of the numerous Courts being open, if any by reason of his dark fate, should be disappointed in the attainment of his desire, in one Court, in another he may obtain the Victory and Succeed.” Iqbal al-Daulah secured a sizeable pension and knighthood from the British government. However, at the end of his life, he had lost faith in British courts. In his will he lamented: “British courts are uncertain, stock in trade of bribery, wrong, delay…the seekers of redress, are captives of the paw of the Court officials; and business goes on by bribery not to be counted or described.” Despite Iqbal al-Daulah's words of caution, his friends and relatives became enmeshed in legal battles over his inheritance in British courts in India and Ottoman Iraq. In doing so, they joined the crowds of colonial subjects who flooded the courts, enduring expense and annoyance despite the prospect of uncertain outcomes.
- Type
- Articles
- Information
- Copyright
- Copyright © the American Society for Legal History, Inc. 2014
References
1. Iqbal al-Daulah, Iqbal-i Farang: Dar Shamma-yi Siyar-i Ahl-i Farang ba Farhang (Calcutta: Matba-yi Tabi, 1249), 45–47.
2. Translation of Will of Late Nawab Sir Ikbal-ud-Daula, 21, National Archives of India (hereafter NAI)/Foreign/Internal A/June 1888/Nos. 216–40.
3. Mill, James, The History of British India, vol. 5, 2nd ed. (London: Baldwin, Cradock, and Joy, 1820)Google Scholar, 474.
4. Macaulay, Thomas Babington, “Government of India,” in The Complete Works of Thomas Babington Macaulay: Speeches and Legal Studies, University ed. (New York: Sully and Kleinteich, 1900)Google Scholar, 164.
5. The pioneering work in this field is Benton, Lauren A.'s Law and Colonial Cultures: Legal Regimes in World History, 1400–1900 (Cambridge: Cambridge University Press, 2002)Google Scholar.
6. For another account emphasizing the uncertainties of colonial law, see Merry, Sally Engle, “Colonial Law and Its Uncertainties,” Law and History Review 28 (2010): 1067–71CrossRefGoogle Scholar.
7. On uncertainty in other colonial contexts, see Stoler, Ann Laura, Along the Archival Grain: Epistemic Anxieties and Colonial Common Sense (Princeton: Princeton University Press, 2009)Google Scholar; and Mawani, Renisa, Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921 (Vancouver: UBC Press, 2009)Google Scholar, esp. 14–15, 209.
8. Santha, K. S., Begums of Awadh (Varanasi: Bharati Prakashan, 1980), 283–85Google Scholar.
9. On such legal connections, see Metcalf, Thomas R., Imperial Connections: India in the Indian Ocean Arena, 1860–1920 (Berkeley: University of California Press, 2007), 17–32Google Scholar.
10. “Consigning the Twentieth Century to History: Alternative Narratives for the Modern Era,” The American Historical Review 105 (2000): 807–31Google Scholar. On legal territoriality, see Benton, Law and Colonial Cultures; Ford, Lisa, Settler Sovereignty: Jurisdiction and Indigenous People in America and Australia, 1788–1836 (Cambridge: Harvard University Press, 2010)CrossRefGoogle Scholar.
11. Fisher, Michael Herbert, Counterflows to Colonialism: Indian Travellers and Settlers in Britain, 1600–1857 (Delhi: Permanent Black, 2004)Google Scholar, 271.
12. Santha, Begums of Awadh, 284.
13. Aitchison, Charles Umpherston, ed., A Collection of Treaties, Engagements, and Sanads Relating to India and Neighbouring Countries, vol. 2 (Calcutta: Office of the Superintendent of Government Printing, India, 1892), 140–42Google Scholar.
14. Fisher, Michael Herbert, A Clash of Cultures: Awadh, the British, and the Mughals (New Delhi: Manohar, 1987), 181–87Google Scholar.
15. Cole, Juan R.I., “‘Indian Money’ and the Shi‘i Shrine Cities of Iraq, 1786–1850,” Middle Eastern Studies 22 (1986): 461–80Google Scholar.
16. Çetinsaya, Gökhan, “The Ottoman View of British Presence in Iraq and the Gulf: The Era of Abdulhamid II,” Middle Eastern Studies 39 (2003): 194–203Google Scholar.
17. Saldanha, Jerome A., The Persian Gulf Précis, vol. VI (Gerrards Cross, England: Archive Editions, 1986), 295–96Google Scholar; and Litvak, Meir, “Money, Religion, and Politics: The Oudh Bequest in Najaf and Karbala, 1850–1903,” International Journal of Middle East Studies 33 (2001): 6–7Google Scholar.
18. Benton, Lauren A., A Search for Sovereignty: Law and Geography in European Empires, 1400–1900 (Cambridge: Cambridge University Press, 2010)Google Scholar.
19. Hoeflich, Michael H., “Savigny and His Anglo-American Disciples,” The American Journal of Comparative Law 37 (1989): 17–37Google Scholar.
20. Friedrich Carl von Savigny, Private International Law, and the Retrospective Operation of Statutes: A Treatise on the Conflict of Laws, and the Limits of Their Operation in Respect of Place and Time, 2nd ed., trans. Guthrie, William (Edinburgh: T. & T. Clark, 1880)Google Scholar, 59.
21. Ibid., 58–62.
22. Prasad, Sri Nandan, Paramountcy Under Dalhousie (Delhi: Ranjit Printers & Publishers, 1964)Google Scholar.
23. On the “personalization” of princely authority in the second half of the nineteenth century, see Rai, Mridu, Hindu Rulers, Muslim Subjects: Islam, Rights, and the History of Kashmir (Princeton: Princeton University Press, 2004), 81–127CrossRefGoogle Scholar.
24. Chatterjee, Indrani, Gender, Slavery, and Law in Colonial India (Oxford: Oxford University Press, 1999)Google Scholar, esp. 28–31.
25. Chatterjee, Partha, The Black Hole of Empire: History of a Global Practice of Power (Princeton: Princeton University Press, 2012), 185–221Google Scholar.
26. “Report from the Select Committee on Consular Establishment,” 177, House of Commons Parliamentary Papers, 1835 (499) VI.149.
27. Travers, Robert, Ideology and Empire in Eighteenth Century India: The British in Bengal (Cambridge: Cambridge University Press, 2007)Google Scholar.
28. In reviewing this argument the Indian Law Commission referenced the writings of Archibald Galloway, a former colonial officer in Bengal and a director of the East India Company. Observations on the Law and Constitution of India…(London: Kingsbury, Parbury, and Allen, 1825), 262–63Google Scholar. Although Galloway published the first edition anonymously, he included his name in the 1832 edition.
29. Indian Law Commissioners to Governor General, October 31, 1840, Indian Legislative Consultations, 11 January 1841, no. 16, 13, India Office Records [hereafter IOR]/P/207/14.
30. Minute by Charles Hay Cameron, August 1, 1845, Indian Legislative Consultations, August 2, 1845, no. 35, IOR/P/207/36.
31. Julia Stephens, “Governing Islam: Law and Religion in Colonial India” (PhD diss., Harvard University, 2013).
32. Kayaoglu, Turan, Legal Imperialism: Sovereignty and Extraterritoriality in Japan, the Ottoman Empire, and China (Cambridge: Cambridge University Press, 2010)Google Scholar.
33. Statutes of the Realm, 6 & 7 Vict., c. 94, para. 1.
34. Hope, James R., “Report on British Jurisdiction in Foreign States,” in Law Officers’ Opinions to the Foreign Office, 1793–1860, vol. 89, (ed. Parry, Clive) (Westmead, England: Gregg International Publishers, 1970)Google Scholar, 241.
35. Sturman, Rachel, The Government of Social Life in Colonial India: Liberalism, Religious Law, and Women's Rights (Cambridge: Cambridge University Press, 2012), 16–17CrossRefGoogle Scholar; and Kayaoglu, Legal Imperialism, 124.
36. In the Court of the District Judge, Lucknow, Taj Mahal's Pension, in NAI/Foreign/A General G/August 1883/Nos. 50–57.
37. Petition of Moulvie Syud Mehndee Hossein to the Governor-General of India, 4–5, in NAI/Foreign/General A/June 1877/Nos. 17–114; and Exhibit C in the High Court of Indicature at Fort William in Bengal, 8, in NAI/Foreign/General A/October 1879/Nos. 12–24.
38. At the Court of the Consul-General and Political Agent, Baghdad, 32–4, in NAI/Foreign/General A/June 1877/Nos. 17–114.
39. Keep With (hereafter K. W.) No. 2, 10, in NAI/Foreign/General A/June 1877/Nos. 17–114.
40. Sharafi, Mitra, “The Marital Patchwork of Colonial South Asia: Forum Shopping from Britain to Baroda,” Law and History Review 28 (2010): 979–1009Google Scholar.
41. Jalal, Ayesha, Self and Sovereignty: Individual and Community in South Asian Islam since 1850 (New York: Routledge, 2000), 139–53Google Scholar.
42. Judgment, 41, in NAI/Foreign/General A/June 1877/Nos. 17–114. Mehdi Hussain married Kulsumnissa's mother after his brother, her first husband and the father of Kulsumnissa, passed away.
43. In the Court of the Civil Judge of Lucknow, 51–53; No. 250 of Appeal Civil Court, 66–68, in NAI/Foreign/General A/June 1877/Nos. 17–114.
44. Suit on the Ordinary Original Civil Side of the High Court of Judicature at Fort William in Bengal, 3–5, in NAI/Foreign/General A/October 1879/Nos. 12–24.
45. From Agent, Governor-General with the King of Oudh to Secretary to Government of India, Foreign Department, May 8, 1877, 62–63, in NAI/Foreign/General A/June 1877/Nos. 17–114.
46. Opinion, in “Regarding the Claim of Kulsooman Nisa Begam…,” 1875–1883, Uttar Pradesh State Archives, Miscellaneous Papers, List No. 4, Sl. No. 1, Packet No. 1, Boxes Nos. 1–3, 713.
47. Ibid., 707.
48. Mahal, Taj's Pension Act, in The Legislative Acts of the Governor General of India in Council of 1881 (Calcutta: Thacker, Spink and Co., 1882), 1–6Google Scholar.
49. In the Court of the District Judge, Lucknow, Taj Mahal's Pension.
50. From Colonel W. Tweedie to Secretary to the Government of India, Foreign Department, January 6, 1888, 3, in NAI/Foreign/Internal A/June 1888/Nos. 216–40.
51. Translation of Will of late Nawab Sir Ikbal-ud-Daula, 18.
52. Ibid., 22.
53. From Colonel W. Tweedie to Consul-General and Judge, Constantinople, January 9, 1887, 2, in NAI/Foreign/Internal A/June1888/Nos. 216–40.
54. Extract from the Diary of the Political Resident Turkish Arabia, October 19, 1889, 55, in NAI/Foreign/Internal A/March 1890/Nos. 58–92.
55. In the High Court of Judicature at Fort William in Bengal, 57–59, in NAI/Foreign/Internal A/March 1890/Nos. 58–92.
56. From the Wali of Bagdad to Consul-General Bagdad, October 22, 1889, 55–56, in NAI/Foreign/Internal A/March 1890/Nos. 58–92.
57. From E. Pears to Consul-General and Judge, Constantinople, January 16, 1890, 1–2, in NAI/Foreign/Internal A/April 1890/Nos. 81–87.
58. From Consul-General and Judge, Constantinople to Foreign Office, February 20, 1890, 2, in NAI/Foreign/Internal A/August 1890/Nos. 96–116.
59. Ibid., 2–3.
60. In Her Britannic Majesty's Supreme Consular Court at Constantinople, in Probate in the Matter of the Estate of the Late Nawab Sir Iqbal-ul-Dowlah, 5, in NAI/Foreign Department/Internal A/June 1892/Nos. 20–58.
61. Petition of Moulvie Syud Mehndee Hossein, 4.
62. K.W. No. 1, 2, in NAI/Foreign/A General G/January 1883/Nos. 1–11.
63. From Colonel W. Tweedie to Secretary to the Government of India, Foreign Department, January 10, 1888, 2, in NAI/Foreign Department/Internal A/June 1888/Nos. 216–40.
64. K.W. No. 2, 3, in NAI/Foreign/A General G/January 1883/Nos. 1–11.
65. From Political Resident in Turkish Arabia to Officiating Secretary to the Government of India, Foreign Department, August 7, 1876, 11, in NAI/Foreign/General A/June 1877/Nos 17–114.
66. In the Court of the District Judge, Lucknow, Taj Mahal's Pension, 26; Note, 41, in NAI/Foreign/Internal A/June 1892/Nos. 20–58.
67. For the Privy Council decision upholding this interpretation, see Ram Coomar Coondoo and Another v. Chunder Canto Mookerjee, The Law Reports. Indian Appeals: Being Cases in the Privy Council on Appeal 4 East Indies, 23 (1876).
68. Sharafi, “The Marital Patchwork of Colonial South Asia;” and Sartori, Paolo and Shahar, Ido, “Legal Pluralism in Muslim-Majority Colonies: Mapping the Terrain,” Journal of the Economic and Social History of the Orient 55 (2012): 653Google Scholar.
69. For a rare historical account of these interactions, see Brimnes, Niels, “Beyond Colonial Law: Indigenous Litigation and the Contestation of Property in the Mayor's Court in Late Eighteenth-Century Madras,” Modern Asian Studies 37 (2003): 513–50Google Scholar. Scholars working on contemporary legal culture have studied this topic in more depth. Moore, Erin, Gender, Law, and Resistance in India (Tucson: University of Arizona Press, 1998)Google Scholar; and Solanki, Gopika, Adjudication in Religious Family Laws: Cultural Accommodation, Legal Pluralism, and Gender Equality in India (Cambridge: Cambridge University Press, 2011)Google Scholar.
70. Sharafi, “The Marital Patchwork of Colonial South Asia,” 980, 982, 1009.
71. Some exemplary examples of this approach include: Hussain, Nasser, The Jurisprudence of Emergency: Colonialism and the Rule of Law (Ann Arbor: University of Michigan Press, 2003)Google Scholar; and Mukherjee, Mithi, India in the Shadows of Empire: a Legal and Political History, 1774–1950 (New Delhi: Oxford University Press, 2010)Google Scholar.
72. Some excellent examples of this approach appeared in the special forum “Maneuvering the Personal Law System in Colonial India,” Law and History Review 28 (2010): 973–1071Google Scholar. For another noteworthy example, see Chatterjee, Nandini, “Muslim or Christian? Family Quarrels and Religious Diagnosis in a Colonial Court,” The American Historical Review 117 (2012): 1101–22Google Scholar.
73. For an account underlining differences between these two approaches, see Parker, Kunal M., “The Historiography of Difference,” Law and History Review 23 (2005): 685–95Google Scholar; and Kolsky, Elizabeth, “A Note on the Study of Indian Legal History,” Law and History Review 23 (2005): 703–6Google Scholar.
74. K.W., 2, in NAI/Legislative A/October 1886/Nos. 153–88
75. From Wasika Officer of Lucknow to Secretary to the Government, N.W. Provinces and Oudh, Financial Department, December 16, 1884, 66, in NAI/Legislative A/October 1886/Nos. 153–88.
76. The pensions are still administered through the Wasika Office located in Lucknow. I thank the officers for speaking with me in January 2013.
77. Indian Law Commissioners to Governor General, October 31, 1840, 1.
78. Pennell, Richard, “The Origins of the Foreign Jurisdiction Act and the Extension of British Sovereignty,” Historical Research 83 (2010): 465–85Google Scholar.
79. Wilson, Jon E., “Subjects and Agents in the History of Imperialism and Resistance,” in Powers of the Secular Modern: Talal Asad and His Interlocutors, ed. Scott, David and Hirschkind, Charles (Stanford: Stanford University Press, 2006), 180–205Google Scholar.
80. Struck, Bernhard, Ferris, Kate, and Revel, Jacques, “Introduction: Space and Scale in Transnational History,” The International History Review 33 (2011): 577Google Scholar; Rothschild, Emma, The Inner Life of Empires: An Eighteenth-Century History (Princeton: Princeton University Press, 2011)Google Scholar, 7, 278; Trivellato, Francesca, “Is There a Future for Italian Microhistory in the Age of Global History?” California Italian Studies 2 (2011)Google Scholar; and Aslanian, Sebouh David, Chaplin, Joyce E., McGrath, Ann, and Mann, Kristin, “AHR Conversation How Size Matters: The Question of Scale in History,” The American Historical Review 118 (2013): 1438–58Google Scholar.
- 9
- Cited by