PATNA: Rebutting law minister H R Bhardwaj's statement that fatwas were not legal, the All India Muslim Personal Board (AIMPLB) has asserted that these religious edicts did indeed have legal sanctity.
"If he (Bhardwaj) has said this, he is wrong," AIMPLB general secretary Maulana Syed Nizamuddin told TOI here. He pointed out that the Shariat Application Act, 1937, which was still in force, made provision for personal laws to deal with cases related to nikaah, divorce, maintenance and inheritance.
Maulana Nizamuddin said the Act also made reference to fiqah, which is applicable on Hanfi, the school of thought 95% Muslims adhere to and fiqah jafri that is applicable to the Shia sect.
Fatwas are entertained by courts of law whether they agree with it or not, he said. "The Act has not been abolished and it is still in force. So how can anybody say that fatwa has no legal sanction?" asserted the cleric, who is also Amir-e-Shariat of Bihar, Jharkhand and Orissa.
The AIMPLB has taken serious note of recent developments regarding the controversy on fatwas, particularly statements issued by Bhardwaj. The law minister had said, in the wake of a petition filed in the SC questioning the validity of shariah courts, that "the Constitution does not recognise Islamic courts." He had also voiced his opinion on fatwas in the R . Following such statements, AIMPLB has decided to meet in Delhi shortly and take a firm stand on the controversy. The Maulana said the board will also meet the government and thrash these issues threadbare.
He said that after the resentment shown by Muslims on Bhardwaj's stand on shariah courts, the minister had to clarify that the Centre had no intention to interfere in the affairs of Islamic institutions.
Maulana Nizamuddin also sought to clear the air on misconceptions that any cleric or imam of a mosque can issue fatwas. He said only a bonafide alim, appointed as mufti, has the authority to issue such rulings. Initially, fatwas were issued only from Darul Uloom Deoband and Firangi Mahal in Lucknow. He added that the Deoband seminary has now taken the "right decision" to ban issuance of fatwas on political matters.
