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Uttarakhand High Court order banning fatwas stayed
PTI
New Delhi, October 12, 2018 22:36 IST
Updated: October 12, 2018 22:36 IST
The Supreme Court has issued notices on a plea filed by the Jamiat Ulama-e-Hind challenging the Uttarakhand High Court’s August 30 order banning fatwas. Photo: Facebook/@JAMIATULAMA.I.HIND.IN
In its plea before the Supreme Court , the Jamiat Ulama-e-Hind said the High Court’s order banning issuance of ‘fatwa’ by religious outfits and bodies was “illegal and unsustainable” and legality of ‘fatwa’ was already adjudicated by the top court in 2014.
The Supreme Court Friday stayed an order of the Uttarakhand High Court which had banned all religious outfits, bodies, panchayats and groups of people in the State from issuing ‘fatwas’
‘Fatwa’ is advice or opinion given by qualified Islamic scholars in response to queries on religious matters.
A Bench of Justices also issued notices to the State government and the High Court on a plea filed by Muslim organisation Jamiat Ulama-e-Hind challenging the court’s August 30 order.
Legality settled
The court, while declaring ‘fatwas’ as unconstitutional and illegal, had passed the order after a media report was brought to its notice that a panchayat had issued a ‘fatwa’ for externment of a rape victim’s family in Roorkee’s Laksar.
In its plea before the apex court, the Jamiat Ulama-e-Hind said the High Court’s order banning issuance of ‘fatwa’ by religious outfits and bodies was “illegal and unsustainable” and legality of ‘fatwa’ was already adjudicated by the top court in 2014.
*************
Jamiat-Ulama-i-Hind, though formally launched in 1919, was inheritor of a rich legacy dating back to early 18th century when Shah Waliullah of Delhi led a revolution to change the whole system by drawing attention of people to the depredations of European imperialism, degeneration and corruption among oriental rulers.
After the defeat of 1857 revolt Ulama were the main target of the British oppression. Maulvi and rebel had become synonymous in their eyes. Of the 200,000 people martyred during the revolt 51,200 were Ulamas. Edward Timus himself admitted that in Delhi alone 500 Ulamas were hanged. Between 1864 and 1871 there were five major sedition cases against the Ulama which are known as “the Wahabi Cases” and the “Ambala Conspiracy Case”. In all these cases the accused were either sentenced to death or to life imprisonment.
Jamiat Ulama-i-Hind a step forward from armed resistance to Non-violent struggle:
The Ulamas started their struggle with armed resistance, but repeated failure in such attempts motivated them to revise their approach and adopt a new strategy. Particularly the failure of Silk Letter conspiracy in 1916 and arrest of 222 Ulamas, prominent amongst them, Shaikhul Hind Maulana Mahmood Hassan and his disciple Maulana Husain Ahmad Madani, along with Maulana Obaidullah Sindhi, Maulana Abul Kalam Azad, Khan Abdul Ghaffar Khan and others forced them to restructure their strategy for resistance opting for non-violent struggle for freedom with the support and cooperation of their fellow countrymen.
In November 1919, the revolutionary Ulama under the leadership of Shaikhul Hind Maulana Mahmood Hasan, on the occasion of the Khilafat conference held at Delhi, resolved to constitute a new organization for carrying on non-violent freedom struggle in cooperation with fellow countrymen. The organization was designated as ‘Jamiat Ulama-i-Hind’. Mufti-e-Azam, Maulana Kifayatullah was elected as the first President. The establishment of the organization was a decisive turning point in their revolutionary movement. They gave up armed struggle and chose non-violent struggle and adopted non-co-operation. That strategy eventually led to freedom of the country.
Role in Pre-Independence India
First Conference:
The first conference of the Jamiat was held at Amritsar on December 28, 1919 chaired by Maulana Abdul Bari of Farangi Mahal to lodge protest against the continued imprisonment of Shaikhul Hind and Maulana Azad.
Non-cooperation Movement:
Following the resolution of Non-cooperation adopted by Allahabad conference in June 1920. The movement was formally launched on August 31, 1920.
Fatwa of Non-cooperation:
On July 19, 1920 Shaikhul Hind issued a fatwa in favour of non-cooperation which was reconfirmed by 500 Ulamas. The leaders and workers of Khilafat committee and the congress went into struggle against imperialism armed with this fatwa. The British Govt. seized it.
Foundation of Jamia Millia Islamia:
On October 29, 1920 Shaikhul Hind laid the foundation of Jamia Millia Islamia.
Imprisonment of Jamiat Leaders:
At the Karachi Khilafat conference in July 1921, the call of non-cooperation given by Maulana Hussain Ahmad Madani caused his imprisonment along with Maulana Mohammad Ali Jauhar, Maulana Shaukat Ali, Dr. Kitchlew and Jagatguru Shnkar Acharya.
Boycott of foreign goods:
Resolution of boycott of foreign goods was passed by Jamiat conference in Nov. 1921 under the leadership of Maulana Abul Kalam Azad.
Maulana Madani and the Ulama like him have been described by Peter Haardy as representing “a sea change in the kind of assumptions Ulama were wont to make about the nature of solidarity of the Islamic community.”
Declaration of non-cooperation in the war effort (world war II, 1939-45).
Complete Independence:
In the Jamiat Ulama Moradabad conference held at Bachhraon (April 23-25, 1940) Maulana Hussain Ahmad Madani raised the question of Indian independence. As a result he was arrested and imprisoned in Naini Jail.
Quit India:
On August 5, 1942 Jamiat gave a call to the British to quit India. Thereafter on August 9 the Bombay session of the Congress passed the famous Quit India resolution which led to the arrest and incarceration of the Congress and the Jamiat leaders.
Opposition to the idea of Pakistan:
After 1942, Jamiat Ulama resolutely opposed the idea of Pakistan and its leaders especially Maulana Hussain Ahmad Madani were victims of Muslim League violence.
In 1945 at the 14th conference the Jamiat passed its alternative formula for partition.
Jamiat's Role in Post Independence India
Before independence its main goal was to struggle for freedom of India. After realization of that goal it concentrated upon the religio-socio-economic as well as educational uplift of Indian Muslims.
Post partition riots:
The frightful wave of riots that attended upon partition swept through Punjab, Himachal, Delhi, Haryana, West U.P., Bihar etc. demoralized the Muslims. In that situation, it was the death-defying courage of the Jamiat leaders that restored tha confidence of the Muslims in India.
Lucknow Conference:
In those very turbulent times that Jamiat called a conference in Lucknow which is unprecedented in significance. It not only gave courage to the demoralised community but also declared abdication from politics.
Secularism:
In the post independence period the Jamiat made notable contribution towards making India secular state and farming a secular Constitution.
Protection of minorities:
Provisions in the Constitution for protection of minorities, and special facilities for their development, are the fruits of the labours put in by the Jamiat General Secretary, Maulana Hifzur Rahman in his capacity as a member of the Constituent Assembly.
Muslim Aukaf:
In 1951 the draft of a Bill for protection of Muslim Aukaf was presented in the Parliament through Mr. Mohammad Ahmad Kazmi. The Bill was passed on March 13, 1953.
Relief to communal riots victims:
The Jamiat has been active in providing relief and getting justice for the victims of communal riots that have occurred from time to time.
Communal violence:
Maulana Hifzur Rahman and Maulana As’ad Madani energetically raised the problem of communalism and communal violence in the parliament.
Conventions:
With the objective of checking the growth and spread of communal violence Maulana Hifzur Rahman convened a Muslim Convention in 1961 and Maulana As’ad Madani organized Democratic Convention (1964) and an Anti Communal Convention (1991) which yielded positive results. It was followed by a much larger Convention under same issue on 12th February 1993.
Save the country movement:
To defeat the forces of communal fascism Maulana As’ad Madani launched the “Save the country and community” movement in 1979. In its first phase (July 9-25) 2, 226 people courted arrest and in the second phase (October 2-15) 4, 611 people went to jail.
Qadiani blasphemy:
To counter Qadiani blasphemous activities in India Maulana Syed As’ad Madani convened a grand conference to highlight the concept of the finality of Prophet hood at Urdu park, in front of Shahjahani Jama Masjid on June 14, 1997.
Bill against religious places:
The Bill introduced by U.P. Govt. interfering with the Constitutional right of freedom of religion was effectively opposed by JUH culminating into unprecedented mass rally held at Ram Lila Ground, New Delhi on 13th May 2000.
PTI New Delhi, October 12, 2018 22:36 IST
Updated: October 12, 2018 22:36 IST
The Supreme Court has issued notices on a plea filed by the Jamiat Ulama-e-Hind challenging the Uttarakhand High Court’s August 30 order banning fatwas. Photo: Facebook/@JAMIATULAMA.I.HIND.IN
In its plea before the Supreme Court , the Jamiat Ulama-e-Hind said the High Court’s order banning issuance of ‘fatwa’ by religious outfits and bodies was “illegal and unsustainable” and legality of ‘fatwa’ was already adjudicated by the top court in 2014.
The Supreme Court Friday stayed an order of the Uttarakhand High Court which had banned all religious outfits, bodies, panchayats and groups of people in the State from issuing ‘fatwas’
‘Fatwa’ is advice or opinion given by qualified Islamic scholars in response to queries on religious matters.
A Bench of Justices also issued notices to the State government and the High Court on a plea filed by Muslim organisation Jamiat Ulama-e-Hind challenging the court’s August 30 order.
Legality settled
The court, while declaring ‘fatwas’ as unconstitutional and illegal, had passed the order after a media report was brought to its notice that a panchayat had issued a ‘fatwa’ for externment of a rape victim’s family in Roorkee’s Laksar.
In its plea before the apex court, the Jamiat Ulama-e-Hind said the High Court’s order banning issuance of ‘fatwa’ by religious outfits and bodies was “illegal and unsustainable” and legality of ‘fatwa’ was already adjudicated by the top court in 2014.
*************
Jamiat-Ulama-i-Hind, though formally launched in 1919, was inheritor of a rich legacy dating back to early 18th century when Shah Waliullah of Delhi led a revolution to change the whole system by drawing attention of people to the depredations of European imperialism, degeneration and corruption among oriental rulers.
After the defeat of 1857 revolt Ulama were the main target of the British oppression. Maulvi and rebel had become synonymous in their eyes. Of the 200,000 people martyred during the revolt 51,200 were Ulamas. Edward Timus himself admitted that in Delhi alone 500 Ulamas were hanged. Between 1864 and 1871 there were five major sedition cases against the Ulama which are known as “the Wahabi Cases” and the “Ambala Conspiracy Case”. In all these cases the accused were either sentenced to death or to life imprisonment.
Jamiat Ulama-i-Hind a step forward from armed resistance to Non-violent struggle:
The Ulamas started their struggle with armed resistance, but repeated failure in such attempts motivated them to revise their approach and adopt a new strategy. Particularly the failure of Silk Letter conspiracy in 1916 and arrest of 222 Ulamas, prominent amongst them, Shaikhul Hind Maulana Mahmood Hassan and his disciple Maulana Husain Ahmad Madani, along with Maulana Obaidullah Sindhi, Maulana Abul Kalam Azad, Khan Abdul Ghaffar Khan and others forced them to restructure their strategy for resistance opting for non-violent struggle for freedom with the support and cooperation of their fellow countrymen.
In November 1919, the revolutionary Ulama under the leadership of Shaikhul Hind Maulana Mahmood Hasan, on the occasion of the Khilafat conference held at Delhi, resolved to constitute a new organization for carrying on non-violent freedom struggle in cooperation with fellow countrymen. The organization was designated as ‘Jamiat Ulama-i-Hind’. Mufti-e-Azam, Maulana Kifayatullah was elected as the first President. The establishment of the organization was a decisive turning point in their revolutionary movement. They gave up armed struggle and chose non-violent struggle and adopted non-co-operation. That strategy eventually led to freedom of the country.
Role in Pre-Independence India
First Conference:
The first conference of the Jamiat was held at Amritsar on December 28, 1919 chaired by Maulana Abdul Bari of Farangi Mahal to lodge protest against the continued imprisonment of Shaikhul Hind and Maulana Azad.
Non-cooperation Movement:
Following the resolution of Non-cooperation adopted by Allahabad conference in June 1920. The movement was formally launched on August 31, 1920.
Fatwa of Non-cooperation:
On July 19, 1920 Shaikhul Hind issued a fatwa in favour of non-cooperation which was reconfirmed by 500 Ulamas. The leaders and workers of Khilafat committee and the congress went into struggle against imperialism armed with this fatwa. The British Govt. seized it.
Foundation of Jamia Millia Islamia:
On October 29, 1920 Shaikhul Hind laid the foundation of Jamia Millia Islamia.
Imprisonment of Jamiat Leaders:
At the Karachi Khilafat conference in July 1921, the call of non-cooperation given by Maulana Hussain Ahmad Madani caused his imprisonment along with Maulana Mohammad Ali Jauhar, Maulana Shaukat Ali, Dr. Kitchlew and Jagatguru Shnkar Acharya.
Boycott of foreign goods:
Resolution of boycott of foreign goods was passed by Jamiat conference in Nov. 1921 under the leadership of Maulana Abul Kalam Azad.
- Relief to Mopillas of Malabar
- Boycott of Assemblies (December 1922)
- Call for complete independence by Maulana Hussain Ahmad Madani (January 1924)
- Jamiat was the first to declare boycott of the Simon Commission (December 1927)
- Participation in all parties conference at Lucknow and rejection of Nehru Report (1928)
- Cooperation with congress (Amroha conference, May 1930)
- Civil Disobedience Movement wherefore prominent leaders of Jamiat were imprisoned (1930)
- Opposition to the infamous Sharda Act for it interference in Muslim Personal Law.
- Composite nationalism and theory of territorial Nation hood:
- Maulana Syed Hussain Ahmad Madani advocated the idea of composite nationalism and joint struggle of all religious communities against the British and justified inter-communal unity and cooperation on the basis of the Quran and the Hadith. At a time when ideas of religion based nationalism were being advocated by the Hindu Mahasabha and the Muslim League. Maulana Hussain Ahmad Madani advanced “the theory of territorial national hood” saying that it is “not necessary that a nation, to be a nation, should share the same religion and culture”. Now a days he said, “nations are made by homelands.”
Maulana Madani and the Ulama like him have been described by Peter Haardy as representing “a sea change in the kind of assumptions Ulama were wont to make about the nature of solidarity of the Islamic community.”
Declaration of non-cooperation in the war effort (world war II, 1939-45).
Complete Independence:
In the Jamiat Ulama Moradabad conference held at Bachhraon (April 23-25, 1940) Maulana Hussain Ahmad Madani raised the question of Indian independence. As a result he was arrested and imprisoned in Naini Jail.
Quit India:
On August 5, 1942 Jamiat gave a call to the British to quit India. Thereafter on August 9 the Bombay session of the Congress passed the famous Quit India resolution which led to the arrest and incarceration of the Congress and the Jamiat leaders.
Opposition to the idea of Pakistan:
After 1942, Jamiat Ulama resolutely opposed the idea of Pakistan and its leaders especially Maulana Hussain Ahmad Madani were victims of Muslim League violence.
In 1945 at the 14th conference the Jamiat passed its alternative formula for partition.
Jamiat's Role in Post Independence India
Before independence its main goal was to struggle for freedom of India. After realization of that goal it concentrated upon the religio-socio-economic as well as educational uplift of Indian Muslims.
Post partition riots:
The frightful wave of riots that attended upon partition swept through Punjab, Himachal, Delhi, Haryana, West U.P., Bihar etc. demoralized the Muslims. In that situation, it was the death-defying courage of the Jamiat leaders that restored tha confidence of the Muslims in India.
Lucknow Conference:
In those very turbulent times that Jamiat called a conference in Lucknow which is unprecedented in significance. It not only gave courage to the demoralised community but also declared abdication from politics.
Secularism:
In the post independence period the Jamiat made notable contribution towards making India secular state and farming a secular Constitution.
Protection of minorities:
Provisions in the Constitution for protection of minorities, and special facilities for their development, are the fruits of the labours put in by the Jamiat General Secretary, Maulana Hifzur Rahman in his capacity as a member of the Constituent Assembly.
Muslim Aukaf:
In 1951 the draft of a Bill for protection of Muslim Aukaf was presented in the Parliament through Mr. Mohammad Ahmad Kazmi. The Bill was passed on March 13, 1953.
Relief to communal riots victims:
The Jamiat has been active in providing relief and getting justice for the victims of communal riots that have occurred from time to time.
Communal violence:
Maulana Hifzur Rahman and Maulana As’ad Madani energetically raised the problem of communalism and communal violence in the parliament.
Conventions:
With the objective of checking the growth and spread of communal violence Maulana Hifzur Rahman convened a Muslim Convention in 1961 and Maulana As’ad Madani organized Democratic Convention (1964) and an Anti Communal Convention (1991) which yielded positive results. It was followed by a much larger Convention under same issue on 12th February 1993.
Save the country movement:
To defeat the forces of communal fascism Maulana As’ad Madani launched the “Save the country and community” movement in 1979. In its first phase (July 9-25) 2, 226 people courted arrest and in the second phase (October 2-15) 4, 611 people went to jail.
Qadiani blasphemy:
To counter Qadiani blasphemous activities in India Maulana Syed As’ad Madani convened a grand conference to highlight the concept of the finality of Prophet hood at Urdu park, in front of Shahjahani Jama Masjid on June 14, 1997.
Bill against religious places:
The Bill introduced by U.P. Govt. interfering with the Constitutional right of freedom of religion was effectively opposed by JUH culminating into unprecedented mass rally held at Ram Lila Ground, New Delhi on 13th May 2000.
