Muslim personal law: India (fatwas)

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Contents

Fatwas: legality of in India

Fatwas have no legal standing: SC

Dhananjay.Mahapatra New Delhi:

The Times of India Jul 08 2014

The Supreme Court ruled that fatwas issued by Sharia courts or muftis had no legal sanctity, saying the defiance of fatwas won't have civil or criminal consequences.

The court also said it would be illegal to impose these religion-based opinions on personal issues on ci tizens in violation of their fundamental rights.

“Whatever may be the status of fatwa during Mughal or British rule, it has no place in independent In dia under our constitutional scheme,“ a bench of Justices Chandramauli K Prasad and Pinaki C Ghose said.

“Any person trying to enforce a fatwa by any method shall be illegal and has to be dealt with in accordance with law,“ it added.

There have been bizarre fatwas across almost the entire spectrum of social life of Muslims -from banning a popular all-girls Kashmiri band to asking a woman in UP to treat her husband as her son after she was raped by her father-in-law. It was the mushrooming of fatwas, ranging from dissolution of marriage to dress code for women, which led advocate Vishwa Lochan Madan to file a PIL questioning jurisdiction of sharia courts, Dar-ul-Qaza (personal law courts) and Deoband muftis in dictating social behaviour of citizens and, in the process, virtually setting up a parallel judicial system on issues relating to Muslim personal law.

“A fatwa has no legal sanction and cannot be enforced by any legal process either by the Dar-ul-Qaza issuing that or the person concerned or for that matter anybody . The person or the body concerned may ignore it and it will not be necessary for anybody to challenge it before any court of law,“ said Justice Prasad, who authored the judgment.

“In case any person or body tries to impose it, their act would be illegal. Therefore, the grievance of the petitioner that Dar-ul-Qazas and Nizam-e-Qaza are running a parallel judicial system is misconceived,“ the bench said. The All India Muslim Personal Law Board had told the apex court, “Establishment of a network of judicial system throughout the country to help Muslims get their disputes settled by qazis may not have police powers but shall have the book of Allah in hand and Sunnat of the Rasool and all decisions should be according to the book and the Sunnat. This will bring Muslims to Muslim courts. They will get justice.“ But the bench was not amused. It said, “The object of establishment of such a court may be laudable but we have no doubt in our mind that it has no legal status.“

Fatwa cannot be forced upon people: SC

Fatwa cannot be forced upon people, Supreme Court rules

PTI | Feb 25, 2014

NEW DELHI: Fatwa issued by Muslim clerics cannot be forced upon people and the state has to protect persons who are harassed for not following such diktats, the Supreme Court on Tuesday said while expressing reservation in interfering with shariat courts.

Holding that it's a matter of choice for the people to accept fatwa or not, the apex court said running of institutions like Darul Qaza and Darul-Iftaa is a religious issue and the courts should interfere only when someone's rights are violated by their decision.

"We can protect people who are subjected to suffering due to this. When a pujari gives a date of Dussehra, he cannot force someone to celebrate the festival on that day. If somebody forces them on you, then we can protect you," the bench said after the petitioner pleaded that fatwa issued by clerics is unconstitutional.

It said fatwa issued by clerics or prediction made by pandits do not violate any law and so courts should restrain them from doing so.

"Which law gives power to issue fatwa and which statute gives pundit power to make horoscope? Court can only say that the state will protect the people if one is subjected to suffering due to fatwa," the bench said adding some fatwas may be issued for the welfare of the people.

"These are are political and religious issues and we do not want to go into it," the bench said while hearing a PIL filed by an advocate Vishwa Lochan Madam challenging the constitutional validity of shariat courts for allegedly running a parallel judicial system in the country.

All India personal law board submitted fatwa is bot binding on people and it is just an opinion of Mufti and he has no power and authority to implement it.

Senior advocate Raju Ramachandran, appearing for the Board, submitted if a fatwa is sought to be implemented against the wish of the concerned person, then he can approach court of law against it.

The petitioner submitted the fundamental rights of Muslims could not be controlled and curtailed through fatwas issued by qazis and muftis appointed by Muslim organizations.

2018: SC stays Uttarakhand HC order barring fatwas

October 13, 2018: The Times of India


Notice To State Over Validity Of Ruling

The Supreme Court stayed the Uttarakhand HC direction barring all religious outfits from issuing ‘fatwas’ and issued notice to the state government on a plea challenging the validity of its order.

Agreeing to hear the plea of Muslim organisation Jamiat Ulama-e-Hind which challenged the HC’s August 30 order, a bench of Justices Madan B Lokur and Deepak Gupta sought response from the state government.

The HC, while declaring ‘fatwas’ unconstitutional and illegal, had passed the order after taking cognisance of a media report of a panchayat issuing ‘fatwa’ for banishing a rape survivor’s family from a village in Roorkee district. “In Uttarakhand, all religious bodies, statutory panchayats, and any other groups of people are banned from issuing fatwas, since they infringe upon statutory

rights, fundamental rights, dignity, status, honour and obligation of individuals,” the high court had said.

Challenging the HC order, the petitioner contended that the order banning issuance of ‘fatwa’ by religious outfits was illegal and unsustainable as the issue had been adjudicated by the SC in 2014 and legality of ‘fatwa’ upheld. It has said that “only authorised and well qualified person is competent to issue fatwa i.e. Darul Ifta (fatwa council) or Muftis are jurists qualified to give authoritative opinion as per Shariat law known as fatwas.”

“A candidate is conferred the degree of Mufti after he successfully completed the comprehensive course in Islamic jurisprudence which takes 8 to 10 years, “ the petition said. It said a fatwa is only an opinion and not binding on the court, state or individual. “The HC has erred in passing the impugned order in haste only on the basis of the news item on same day without summoning the officials concerned and without testing the veracity of the news item where the word ‘fatwa’ is not printed but ‘farman’ of so-called panchayat is printed,” the petition said.

Banks, bank interest

Deoband fatwa bars marriage to bank employees

Shivani Azad, Sandeep Rai, Darul fatwa bars marriage to bank employees, January 5, 2018: The Times of India


In a newfatwa, Islamic seminary Darul Uloom Deoband has asked Muslims to avoid marrying bank employees. The reason: Money earned as interest is illegitimate in Islam. Replying to a query, the seminary wrote on its website: “Marrying in such family is avoidable. Those who are nourished with ‘haram’ wealth usually are not good with respect to morals.”

"Bharat Mata ki Jai"

The Times of India, Apr 1, 2016

Darul Uloom Deoband issues fatwa against chanting of ‘Bharat Mata ki jai’

Islamic seminary Darul Uloom Deoband on Friday issued a fatwa against chanting of "Bharat Mata ki jai", saying that the slogan goes against the tenets of Islam.

"'Bharat Mata', according to some Hindu sects, is a goddess and they worship her. For Muslims worshiping a goddess would be un-Islamic," the fatwa said.

The fatwa added, "We love our country, but we do not worship it, Islam allows worshiping only one God." Condemning the fatwa issued by leading Islamic seminary Darul Uloom Deoband, minister of state for food processing Sadhvi Niranjan Jyoti on Friday said denying people to chant "Bharat Mata ki jai" slogan amounted to insulting the freedom fighters.

"It is showing the fundamentalist side of Islam. Denying 'Bharat Mata ki jai' shows disrespect to martyrs of the country. It shows their mentality. They should understand that they are not living in Pakistan," said Jyoti.

At an event in Luckow on March 28,2016, Rashtriya Swayamsevak Sangh chief Mohan Bhagwat said "nobody needs to be forced to raise the slogan and that efforts should be made to build a "great" India that is hailed across the globe voluntarily.

The R S S chief had stirred a controversy recently with his remark that the younger generation needed to be taught to hail "Mother India". In apparent retaliation, AIMIM leader Asaduddin Owaisi had said he would not chant "Bharat Mata ki jai" as he was not obliged to do it under the Constitution and that he would not do so even if a "knife is put to my throat".

The issue snowballed into a political slugfest with the Shiv Sena, BJP and other parties slamming the Hyderabad MP over his stand.

Maharashtra assembly suspended an AIMIM MLA after he refused to chant the slogan, while the Madhya Pradesh Assembly passed a censure motion condemning Owaisi.

CCTV cameras

Installing CCTV cameras ‘un-Islamic’: Darul Uloom

Mohd Dilshad, May 13, 2018: The Times of India


HIGHLIGHTS

In Shariat, it is un-Islamic to shoot a picture. Consequently, even the CCTV is un-Islamic,” Darul Uloom Deoband said.

The edict came in response to a question asked by Abdulla Majid, a businessman from Maharashtra.

In another controversial edict, Darul Uloom Deoband said that it is un-Islamic to install CCTV cameras.

In response to a query made by a Maharashtra-based Muslim if it was okay to install CCTV cameras in a shop or a place where there is movement of a lot of people, a three-cleric panel of the fatwa department of the world-renowned Islamic seminary, said, “There are many other ways to ensure safety of a commercial establishment or a home. In Shariat, it is un-Islamic to shoot a picture. Consequently, even the CCTV is un-Islamic.”

The edict came in response to a question asked by Abdulla Majid, a businessman from Maharashtra.

Several controversial fatwas have been issued by the Deoband ulemas in 2018. Earlier, one fatwa issued by them stated that women wearing designer and body-hugging burqa is ‘haraam’ and not allowed in Islam at all. A bench of muftis had after religious celebrations issued a fatwa on the issue stating, ‘Veil and burqa are supposed to protect a woman from prying eyes. So, a woman wearing a designer burqa or body-hugging outfit is strictly not allowed in Islam.”

In yet another development, Deoband ulemas had criticised 15-year-old Alia Khan of Meerut for reciting Bhagwad Gita slokas at a contest organised by the state government in Lucknow. She won a prize at the contest.

After that, they issued another controversial fatwa, in which the seminary asked Muslim families to avoid marrying men or women working in banks as the money earned through interest is illegitimate in the eyes of Islam.


Cow urine items

May 2016

The Times of India, May 19 2016

Fatwa against cow urine products

Priyangi Agarwal

Dargah Aala Hazrat has issued a fatwa against usage of products in which cow urine is mixed.

The fatwa came after a resident of Bareilly posed a question asking if it was okay to use products of a company known for mixing cow urine in their offerings.

The fatwa said that products of any company having cow urine should not be used as per Shariat.

On a question posed by Bakhtiyar Khan, the clerics at Dargah Aala Hazrat's Markazi Darul Ista (the centre which issues fatwas) passed the fatwa. The fatwa said that any product having cow urine as an ingredient should not be consumed or applied on the body.

The fatwa has been given by Mufti Muzaffar Hussain, head of shrine's Markazi Darul Ista and his associate, Mufti Kaushal Ali Razvi.

Maulana Shahbudeen Razvi, media coordinator at Dargah Aala Hazrat said, “As per Shariat, it is forbidden for Muslims to use any product in which cow urine is mixed.Cow urine is considered unholy in Shariat. The question was put up in connection with one company which is known for selling products having cow urine as one of the ingredients.... People should not eat, drink or apply them.“

Terming it against Islam, he added, “As per Shariat, people should not even consume medicines that have cow urine in the composition.“

August 2016

The Times of India, Aug 24 2016

Pervez IqbalSiddiqui

Darul Uloom fatwa on cow urine items

 The use of cow urine products is `najayaz' (inappropriate), leading Islamic seminary Darul Uloom Deoband has said. “If it is declared or established that a product has cow urine in it, then its use is not allowed. However, if one is sure that a product of the same brand does not have cow urine in it, then such a product can be used,“ a panel of experts at the seminary has said in a fatwa.

The fatwa was issued in response to a question whether Muslims should use products of brands like Patanjali, which contain cow urine in them. It said any product with cow urine contravenes religious tenets.

Tamil Nadu Thowheed Jamat had in January 2016 issued a similar decree that prompted Patanjali to state that cow urine is used in five of its 700 products.

Darul Uloom Deoband's fatwas

A 2017 summary

M. Riyaz Hashmi , The fatwa factory “India Today” 20/11/2017

Darul Uloom Deoband, one of India's largest seminaries, has been no stranger to controversy, thanks in no small measure to the various fatwas that have emanated from its hallowed precincts. But things hit a new low last month when it decreed that grooming eyebrows and trimming hair were for Muslim women 'unIslamic' practices. The fatwa not only drew widespread condemnation but also sparked off a debate among Muslims. The Deoband's next shocker was an edict against Muslim men and women uploading photographs on social media.

The Darul Uloom, established in 1892, has a wing called the Darul Ifta, which has been dedicated for the past 125 years to issuing fatwas. Never mind their purpose or relevance, the Darul Ifta receives nearly 15,000 fatwa requests from various countries every year. Of these, some 6,000-7,000 fatwas are sought online. 'Solutions' are sought on issues pertaining to faith, duty, agreements/ settlements, what is permissible or forbidden in Islam, etc.

Numerous fatwas have got embroiled in controversies. Rewind to 1999. Gudiya, 22, from Meerut's Mundali village, had married an army man named Arif. Ten days into the marriage, Arif received a border posting during the Kargil war, and was subsequently declared missing by the army. In 2003, on the basis of a fatwa, Arif was considered a case of undeclared death and Gudiya married off to another man, Taufiq. Released as a prisoner of war by Pakistan, Arif returned home to find Gudiya pregnant with Taufiq's child. Another fatwa was issued, this time annulling Gudiya's marriage with Taufiq. It was even ruled that should she not return to her first husband, her child from the second marriage would be declared illegitimate. Arif agreed to accept Gudiya but not her child. Left in the lurch, Gudiya died in labour.

In 2005, Imrana, a 28-year-old woman from Muzaffarnagar, who had been raped by her father-in-law, faced a fatwa backing a panchayat diktat that her marriage be invalidated and she consider her husband as her son. In July 2014, the Supreme Court mentioned Imrana while ruling on another case: "Fatwa does irreparable damage to fundamental rights. Religious advice in the form of fatwa has good intentions but cannot be considered right if it infringes on a person's fundamental rights." In 2005, the court had ruled that fatwas were not legally binding.

Mufti Mohammadullah Qasmi, in-charge of the department that issues online fatwas at the Darul Uloom, says, "[Fatwa] guidelines are issued only in light of the Shariat when a person has a personal query. A fatwa is not issued unless asked for nor is it necessary to respond to unimportant questions." He admits, however, that fatwas are one-sided.

While some of these fatwas do beggar belief, it must be said that the Darul Uloom has issued some landmark edicts as well-like the one in 2008 denouncing terrorism as un-Islamic.

Foods that are permissible, not- permissible

Prawns

Syed Akbar, Hyderabad seminary bars Muslims from eating prawns, January 6, 2018: The Times of India


City-based Islamic seminary, Jamia Nizamia, has stirred up a controversy by issuing a decree (fatwa) that consumption of prawn is not permissible for Muslims.

The fatwa was issued on January 1 by Mufti Mohammad Azeemuddin, the chief mufti of the 142-year-old Islamic deemed university. Many Muslim religious scholars have, however, differred with the Jamia’s ruling.

According to the fatwa, prawn is an arthropod (to which insects also belong) and it does not fall under the category of fish. The chief mufti labelled prawn under the category ‘makruh tahrim’ (strictly abominable) and advised Muslims against eating it.

In Islamic jurisprudence there are three categories of food — lawful (halal), haram (prohibited) and makruh (abominable). Foods falling under makruh are sub-divided into makruh (abominable but can be eaten) and makruh tahrim (strictly abominable and thus should be avoided).

Jamia Nizamia is a distinguished Islamic educational institution revered in several countries.

Haj

Clear all debts before embarking

The Times of India Feb 03 2016

Bareilly, Feb 3: A Sunni cleric in Uttar Pradesh has issued a new fatwa directing Muslim community people to clear all types of debts before heading for Hajj.

Sunni cleric Mufti Mohammed Salim Noori of dargah Aala Hazrat in Bareilly passed the fatwa. According to him, taxes like house, income tax, water tax are also come under debt.

'You go for Haj to meet Allah there, so one should carry any kind of debt on him,' said said Mufti Mohammed Salim Noori, reported the Times of India.

Noori added, 'The different forms of taxes levied on residents by the government are also considered debt. Therefore, pilgrims wishing to go on Haj should pay taxes before starting their journey. Also, as per Islam, people should first perform their day-to-day duties honestly and then focus on completing religious duties.'

'Apart from clearing their debts and taxes, people should leave enough money at their home so that their wife and children do not face any financial crisis when they are out performing Haj,' said Noori.

Halala

Darul Uloom issues fatwa against halala/ 2018

Darul Uloom issues fatwa against halala, October 22, 2018: The Times of India


The influential Darul Uloom Deoband has issued a fatwa saying “arranged” halala is not Islamic and people doing so must be “ashamed” of this. Under halala, a divorced woman has to marry another man and then get a divorce before she can return to her first husband. “This is wrong and Islam does not like this deed. It is shameful and forbidden under Islamic law,” the fatwa said.

Infidels

Declaring Muslims ‘infidels’

Sharia panchayat boycotts 5 Muslims for being ‘infidels’

Mohammed Wajihuddin | TNN

From the archives of The Times of India 2007, 2009

Mumbai: Has Talibanism breached the solid wall which guarded Indian Islam for centuries? If the diktat issued by a Sharia panchayat comprising a dozen or so clerics in the Muslim-majority town of Malegaon last week is any indication, it seems to have.

In a shocking incident which reeks of Talibani fundamentalism and the regressive approach of the Khap Panchayat in parts of India, the Malegaon Sharia panchayat last Friday summarily ‘‘ex-communicated’’ five Muslims for allegedly being ‘‘apostates and infidels’’. Islamic scholars and liberal thinkers insist that such a unilateral decision has no standing, especially as Islam doesn’t recognise priesthood and the practice of ex-communication is non-existent, unlike in Christianity.

The clerics declared that the five — Fareedul Abedin, Sharief Cookerwalla, Yunus Trolleywalla, Iqbal Engineer and Yusuf Dalalthey — were no longer Muslims after hearing many who testified that the ‘‘accused’’, among other things, believed in and preached ideas and beliefs which went against Islam. One of the charges against them is that they refuted Prophet Mohammed’s divine ride, also called Meraj.

‘‘Their activities had created huge embarrassment. We invited all five to present their side of the story but only one of them, Abedin, turned up. We pronounced them out of Islam, as reliable witnesses testified against them,’’ said Mufti Ismail, local MLA and head of the Jamiautul Ulema in Malegaon.

Insurance for Muslims: India: A fatwa

From the archives of The Times of India 2007, 2009

‘Opting for insurance un-Islamic’

Lucknow: After its fatwa that working in banks is un-Islamic, the Darul Uloom Deoband has now declared that opting for an insurance policy too went against the tenets of Islam.

The “insurance policy is unlawful as it is based on interest and gambling,” claimed the fatwa issued by the country’s largest Islamic seminary.

The edict issued by Darul Ifta department of Darul Uloom seminary was in response to a query whether it is lawful to take an insurance policy in the light of the sharia.

Millions of Muslims in India opt for insurance policies which is a contract that pledges payment of an amount to a person assured or his nominee against losses or perils.

“The clerics who issue fatwas should also explain the context in which it is being issued to avoid any confusion,” Maulana Afroz Mujtaba, a Delhi-based cleric, said.

Meanwhile, leading Islamic body Jamiat Ulema-e-Hind’s spokesman Abdul Hameed Nomani said that fatwas should not be generalised and they should be seen in the context in which they have been issued.

“People must read between the lines and not generalise the fatwas,” Nomani said.

Earlier, Darul Uloom had declared the job of writing and calculating interest based work in banks and insurance companies as un-Islamic. The fatwa was in response to whether Muslims can do job in bank or insurance company.

The recent fatwas have drawn flak from many clerics and progressive leaders. PTI

Deoband calls it un-Islamic

Sandeep Rai, Life insurance un-Islamic, says Deoband fatwa, February 9, 2018: The Times of India


Now, Deoband ulemas (clerics) have issued a new fatwa stating that buying life insurance policy or getting property insured is un-Islamic. In response to a query put across by a Ghaziabad-based man, a bench of ulemas stated, “Life and death are in the hands of Allah and no insurance company can guarantee a man’s longevity. These insurance companies invest the premium paid by the policy purchaser and earn interest, later distributing some of it among their clients. And any income earned through interest is haram (forbidden).”

Acleric said, “The fatwa has been issued in the light of Islamic Shariat and directs that a Muslim must trust in Allah and not in any insurance company.”

Male- female interaction

‘Eating together at events is un-Islamic’

Mohd Dilshad, Men, women eating together at functions un-Islamic: Darul Uloom, December 20, 2018: The Times of India


Men and women eating food together in any programme or function is un-Islamic, says Deoband-based Islamic seminary Darul Uloom in a fresh fatwa. The seminary also said that eating food while standing is also not "jayaz" (legitimate).

A Deoband resident, who did not wish to be identified, had approached Darul Uloom seeking the seminary's opinion on the matter. "I had sought to know from the seminary the proper way, under Islamic rules, of having food at programmes such as wedding functions and other events. I also sought to know if one can have food while standing," the man said.

Replying to the man's query, Darul Uloom declared that both the acts are forbidden and un-Islamic under the Shariat. Darul Ifta, a wing of the Islamic seminary, issued a written fatwa that reads, "It is 'na-jayaz' (illegitimate) and sin for men and women to have food together at wedding functions or other events."

Replying to the other query of the man, the seminary said, "Doing such act (eating while standing) will ruin Muslim society. Muslims should avoid such act."

Supporting the fatwa, Deoband-based Islamic cleric Mufti Athar Qasmi said, "Women eating or taking part at such programms in which strange men are present is not good for women, and it is strongly forbidden and is a sin under Islamic law. Eating while standing also na-jayaz. We appeal all Muslims to follow this fatwa."

Darul Uloom Deoband often hits the headlines after giving such fatwas. Earlier, the fatwa department of the Islamic seminary, while replying to a query by a Deoband resident, who had asked whether it was right to use a blade and shave the arms and legs, said, "Except armpits, mustaches and body parts lower than the navel, it is not good to shave or wax other parts of the body; it is against culture (Khilaf e Adab)."

A few months back, Darul Uloom Deoband issued a fatwa asking Muslim women to not wear bangles from men at bangle shops. They have called the age-old tradition “wrong and a big sin”. The fatwa was issued following a query by a resident of Deoband town who asked whether it was correct for Muslim women to let strange men touch their arms in order to help them wear bangles.

Marriage with stepmother

From the archives of The Times of India 2007, 2009

Marriage with stepmom is rape: Deoband

Lucknow: With an eight-year older step-mother, Husna Beghum, as his love interest, things had never been smooth for Ronak Ali, 25, an unskilled labourer. Eldest among five, Ronak stunned his family and the little hamlet of Gunnor in Baghpat when he surfaced with Beghum — both had been missing since June 13 — by his side, this time, as his one-day-old bride.

Hounded by family, friends and relatives, the couple has gone into hiding again after the Islamic seminary of Darul Uloom, Deoband, has denounced the union as null and void. The terse edict delivered by the fatwa department on Wednesday, maintains that relationship with a mother, even if she is a step-mother, is sacrosanct. Therefore, the union will be deemed to be rape and the violators of the sharia will evoke the stringent punishment as per the tenets of Islam.

Confirming the fatwa, deputy vice-chancellor of the seminary, Maulana Abdul Khalique Madrasi said: ‘‘The episode was extremely unfortunate and shows perversion of the worst order. Such a ‘nikah’ can never be permissible under the sharia.” TNN

Pictures, portraits

`Muslims can't post their pics on social media'

`Muslims can't post their pics on social media', Oct 20 2017: The Times of India


The Darul Uloom Deoband seminary here has issued a fatwa prohibiting Muslims from posting their or their families' photographs on social media. Posting photos of the self or family on sites such as Facebook, WhatsApp is not allowed in Islam, ruled the seminary , one of the largest in India, after a man approached it with the question. When clicking pictures unnecessarily is not allowed in Islam, how can posting of photos be allowed, an Islamic scholar explained.

Wedding customs

Lal khat, uncle carrying bride to ‘doli’

Practice of maternal uncle carrying bride to ‘doli’ is un-Islamic, says Darul, November 11, 2018: The Times of India


Darul Uloom Deoband, the world-renowned Islamic seminary, has issued fatwa against what it said “un-Islamic practices” prevalent in Muslim weddings, which included use of ‘lal khat’, a decorated invitation card that a girl’s family sends to the groom’s side . The seminary also said that the widespread practice of maternal uncle lifting and carrying bride to the ‘doli’ should not be followed as it “may lead to the birth of lust in either of the two”.

Wigs during prayers

The Times of India, Aug 09 2016

Sandeep Rai

No wigs during prayers: Darul

Islamic seminary Darul Uloom Deoband has now advised Muslims against wearing wigs while offering the namaz. In a new fatwa, the seminary has ruled that namaz is “incomplete“ if performed while wearing a wig or artificial beard.

Darul Uloom Deoband spokesperson Ashraf Usmani said wigs and artificial beards interfere with the two religious requirements for performing namaz, which are `vazu' (mandatorily washing one's hands, face and head before prayer time) and `gusl' (cleaning the entire body). “The wig impedes water from reaching the scalp. This defeats the purpose of `vazu' and `gusl' as the body remains impure,“ he added. Howe ver, Usmani did suggest “a way out“.

“If wearing a wig (during namaz) is important, one should take it off while performing `vazu' and `gusl' and put it back on during the prayers,“ he said.

The fatwa, Usmani said, did not apply to those who had undergone hair transplant. “This is because they (hair transplants) are like natural hair and water can easily reach the scalp,“ he said.

Changing lifestyles often create a lot of confusion among Muslims, who seek guidance from the seminary for a way out. “We receive a lot of letters, after which scholars try to find a solution. A fatwa is issued when all agree on a solution based on the teachings of the Quran and the Hadith,“ Usmani said.

Women

Burqas

Designer and body-hugging burqas

January 4, 2018: The Times of India


Darul Uloom Deoband said on Wednesday wearing designer and body-hugging burqa is ‘haraam’ and not allowed in Islam. A bench of muftis said, “Veil and burqa are supposed to protect a woman from prying eyes. So, a woman wearing designer burqa or a body-hugging outfit is not allowed in Islam.”

Darul Uloom Deoband/ fatwa for plucking/ trimming/ shaping hair

Islamic seminary Darul Uloom Deoband issues fatwa banning Muslim women from grooming eyebrows, October 8, 2017: Firstpost

The Darul Uloom Deoband in Uttar Pradesh, the largest seminary in India, issued a bizarre fatwa which bans women from plucking, trimming, shaping their eyebrows and cutting hair, according to media reports.

Darul Ifta, the edict-issuing authority of the seminary, termed all these activities as "un-Islamic" and asked Muslim women to refrain from them, ANI reported.

"Darul Uloom Deoband has issued a fatwa against Muslim women cutting their hair and shaping their eyebrows," Maulana Kazmi of Darul Uloom Deoband said.

Supporting the fatwa, he added that women were also prohibited from going to the beauty parlours.

"Darul Uloom should have given this fatwa long ago. Women are now prohibited to go into s beauty parlour and getting a haircut in a parlour is prohibited for women. Beard for men is important and in the same way hairs are important for women. Shaving the beard is prohibited for men, in the same way cutting the hair is prohibited for women. We respect the fatwa of Darul Uloom," he told Times Now.

Adding to it, Maulana Mufti Arshad Faruqui, head of the Darul Ifta, said that grooming the eyebrow to look beautiful is against the tenets of Islam, according to The Telegraph.

The fatwa came in response to a query by a Muslim man in Saharanpur, Uttar Pradesh, asking if women were allowed to cut hair and groom eyebrows in Islam.

It has sparked off a controversy as women activists all over are questioning the misogynistic fatwa.

Women activist Mariya Alam told ANI, "Darul Uloom is also becoming the part of world's conspiracy against Muslims, where they are portrayed as extremists, terrorists and are believed to torture women."

"Islam is not about putting restrictions on women but about empowering women," Alam added.

This is not the first time that the Darul Uloom Deoband has been in the news for such fatwas.

In 2013, it issued a fatwa banning photography, while in 2010, it said that women and men cannot work together unless the women are "properly" clothed.

Views of Chairman, National Commission for Minorities, Syed Ghayorul Hasan Rizvi

Sandeep Rai, Row over Deoband fatwa against women's makeup, October 8, 2017: The Times of India


Chairman of National Commission for Minorities Syed Ghayorul Hasan Rizvi on slammed the `fatwa' issued by Darul Uloom Deoband, in which the seminary had advised women against applying makeup and pruning their hair.

“Islam has never forbidden making up of eyebrows or makeup. Even Prophet Mohammad used to apply `khizaab' (dye) on his beard,“ he said.

The prominent seminary issued a fatwa banning women from plucking, trimming and shaping their eyebrows and also cutting their hair.

Employment

Deoband fatwa: It’s illegal for women to work, support family

Pervez Iqbal Siddiqui | TNN

From the archives of The Times of India 2007, 2009

Lucknow: In a Talibanesque fatwa, Darul Uloom Deoband, the self-appointed guardian for Indian Muslims, has decreed that it is ‘‘haram’’ and illegal according to the sharia for a family to accept a woman’s earnings.

Clerics at the largest Sunni Muslim seminary after Cairo’s Al-Azhar said the decree flowed from the fact that the sharia prohibited proximity of men and women in the workplace.

‘‘It is unlawful (under the sharia law) for Muslim women to work in the government or private sector where men and women work together and women have to talk with men frankly and without a veil,’’ said the fatwa issued by a bench of three clerics. The decree was issued over the weekend, but became public late on Monday, seminary sources said.

At a time when there is a rising clamour for job quotas for Muslims in India and a yearning for progress in the community that sees itself as neglected, the fatwa, although unlikely to be heeded, is clearly detrimental.

‘Fatwa against working women contradicts Islam’

TIMES NEWS NETWORK

From the archives of The Times of India 2007, 2009

Lucknow/New Delhi: Darul-Uloom Deoband’s fatwa describing the earnings of a working women as ‘haram’ (forbidden) under the Sharia has left many people fuming.

Waris Mazhari, Jamia Millia Islamia research scholar and a former Deoband student, says, ‘‘The life of the Prophet and his companions provides us a standard that Muslims should follow. In light of their way of life, the fatwa is completely unjustified. Our second Caliph Hazrat Umar Farooq had appointed several women to high posts. One of them, Shifa bin Abdullah, was the supervisor of the markets. It’s obvious that as the market supervisor she had to interact and deal with the men. Similarly, during the Prophet’s time, women used to worship in mosques and work along with men.

“No such restrictions were imposed. Men used to even seek guidance from the Prophet’s wife, Ayesha, who has also fought in a war — Jang-e-Jamal.’’

The fatwa, however, drew flak among other clerics.‘‘Men and women in sharia are entitled to equal rights. If men follow the sharia, there is no reason why women can’t work with them,’’ said Rasheed, the Naib Imam of Lucknow’s main Eidgah Mosque in Aishbagh.

Make-up

‘No namaz with nail polish on’

Sandeep Rai, No namaz with nail polish on: Darul fatwa, November 6, 2018: The Times of India


Darul Uloom Deoband, one of country’s largest Islamic seminaries, has advised Muslim women against keeping long fingernails and wearing polish on it during prayers, saying both the practices are “un-Islamic”. Firing yet another ‘fatwa’ (edict), the seminary said that namaz of a woman was “incomplete” if she offers it while wearing nail polish.

The ‘fatwa’ came in response to a series of questions asked by a Muzaffarnagarbased man, who had sought directions on the use of nail polish by women. “Nail polish can be applied, but with conditions. No unholy ingredient should be present in the polish, and women must remove it before offering namaz, or else it will be incomplete,” read the advisory.

Explaining further, a cleric, Asad Kazmi, said: “It is mandatory to conduct ‘vazu’ (washing of hands and feet) before offering the namaz. Since the chemical-laced polish covers the nail, the water is not able to reach where it should. So the ‘vazu’ is not done, and it leads to incomplete prayer. We fully agree with the fatwa.”

Purchasing merchandise (from male shopkeepers)

How bangles must be tried on

Mohd Dilshad, Deoband fatwa on how women must try on bangles, February 12, 2018: The Times of India


Muzaffarnagar: In another controversial edict, Islamic seminary Darul Uloom Deoband has issued a fatwa asking Muslim women to not let male shopkeepers assist them in trying on bangles. They have called the practice “wrong and a big sin”.

The fatwa followed a query by a resident of Deoband town who asked whether it was correct for Muslim women to let strange men touch their forearms in order to help them wear bangles. The seminary replied the women could buy bangles from shops run by men but should wear them on their own.

“But if they let the male shopkeeper touch their hands, it is not good and ‘haram (prohibited)’,” it added.

Muslim scholars in Deoband town supported the fatwa. “It is correct that women can’t talk to strangers or meet them as per Sharia. In that light, letting male shopkeepers touch their hands to help them wear bangles is wrong,” Mufti Tariq Qasmi said.

Last week, Deoband ulemas (clerics) had issued a fatwa stating that buying a life insurance policy or getting property insured was un-Islamic. This was one of several fatwas issued by Deoband ulemas since the new year began.

Ration card in woman's name

The Times of India

Mar 18 2015

`Ration card in woman's name is un-Islamic'

Priyangi Agarwal

The food security law decrees that fresh ration cards be issued in the name of the eldest woman of a family. Offended by this depiction of women as the head of families, “which goes against Indian culture and Islamic law“, Sunni Barelvi Markaz of Dargah Ala Hazrat has issued a fatwa telling followers to keep away from ration cards.

“We have asked our followers to not apply for ration cards,“ said Mufti Mohammed Saleem Noori.

“In both Indian and Islamic culture, the male is regarded the head of family . Women should concentrate on creating an environment of heaven in the house,“ Noori added. He said some clerics will meet PM Narendra Modi to ask him for an amendment to the Act. Priyangi Agarwal

Waxing, shaving; bangles, mehndi by unknown men

Mohd Dilshad, Waxing, shaving not good under Sharia, says Darul Uloom, July 20, 2018: The Times of India


In yet another controversial fatwa, Deoband-based renowned Islamic seminary, Darul Uloom, has said that waxing and shaving are not considered to be good under the Sharia law.

Replying to a query by Abdul Aziz, a local who wanted to know if it was okay for a man or woman to shave or wax his/her arms and legs, the fatwa department of the seminary said barring armpits, mustache and lower part of navel, removing hair from any other body part is not advisable under Sharia. “Removing hair through waxing or shaving from other parts of the body is khilaf-e-adab (against the culture),” the seminary said in its written reply to Aziz’s query.

Asked about the controversial fatwa, Deoband-based cleric Maulana Salim Ashraf Qasmi said, “The fatwa is absolutely correct and is according to the Sharia Law. It should be noted that Darul Uloom has called the practice khilaf-e-adab and has not declared it ‘haram’ (forbidden).”

Last week, Darul Uloom had said that application of mehndi by an unknown man is not acceptable under Sharia. In February, the seminary had asked Muslim women to not wear bangles from men at bangle shops, terming the practice “wrong and a big sin”.

Worshipping other deities

Muslims cannot do so

Can't call yourself Muslim if you worship other gods: Darul Uloom Deoband, October 21, 2017: The Times of India

Influential Islamic seminary Darul Uloom Deoband issued a fatwa against Muslim women who performed 'aarti' on Diwali in Varanasi, pronouncing that they can no longer be considered 'Muslim-Ulema' if they worship other gods.

"If anyone worships any god except Allah they don't remain Muslim-Ulema," a representative for the Islamic seminary told news agency

The edict comes days after a group of Muslim women performed aarti and dedicated prayers to Lord Rama on the eve of Diwali in Varanasi. The event was organised by Muslim Mahila Foundation and Vishal Bharat Sansthan to promote communal harmony.

"Shri Ram is our ancestor. We can change our name and religion, but how we can change our ancestor? Singing in praise of Lord Ram not only bridges the gap between Hindus and Muslms, but also reflects the generosity of Islam," group leader Nazneen Ansari had remarked on the occasion.

Yoga with `Om'

The Times of India, May 19 2016

Sandeep Rai

Darul Uloom Deoband has said it objects to religious connotations being attached to yoga, a day after a controversy erupted over a Yoga Day protocol issued by the Ayush ministry stating that each session be begun with the chanting of `Om' and Vedic mantras. The leading Islamic seminary's muftis said if Muslim students are forced to recite Vedic mantras or chant `Om' while performing yoga, they should stay away from such events.

Deoband vice-chancellor Maulana Abdul Qasim No mani told TOI, “Had yoga been just physical exercise, we could have allowed this. But associating it with chanting of `Om' and Vedic mantras gives it a religious twist. Besides, making it mandatory is unacceptable to us. Yoga can be quite beneficial for you. But it might not be good for me. In any case, it cannot be forced on everybody .“

The `Common Yoga Protocol' released by the Ayush ministry has been circulated among universities, schools and offices. It says the session should begin with a “prayer in any meditative posture with namaskara mudra“. The mantra to be recited during the session has been taken from the Rig Veda.

However, the ministry on Tuesday clarified that chanting of `Om' and other Vedic mantras before the yoga session on International Yoga Day on June 21 is not compulsory , but voluntary. “There is no compulsion... It is completely voluntary and one can remain silent. No one will object,“ Ayush ministry joint secretary Anil Kumar Ganeriwala said.

Calling media reports in this regard an attempt to make International Yoga Day controversial, he said though chanting of `Om' is an integral part of yoga, there is no move to make it compulsory . Some political parties have accused the government of pushing its Hindutva agenda by asking participants to chant Vedic mantras Congress criticised the BJPled government for being “insensitive“, saying yoga, a great discipline of ancient India, does not belong to the saffron party . JD(U) termed it yet another attempt to “impose the communal agenda“ on Indian masses.

See also

All India Muslim Personal Law Board

Muslim law and adoption: India

Muslim personal law, India: Divorce

Muslim personal law, India: Divorce (SC verdict, 2017: full text)

Muslim personal law, India: Marriage

Muslim personal law: India

Muslim personal law: India (fatwas)

Muslim personal law: Pakistan (fatwas)

Uniform Civil Code: India

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