For instance, I was literally confused by the Imrana case. I have always believed (as every Muslim should believe) that every Islamic doctrine has some logical appeal within it. However, this issue had shaken me completely as the resulting fatwas making the marriage null and void had me thinking for long. I was not ready to accept (still not accepting this) that Islam can be so illogical and detached towards the rights of a woman. Well, to my knowledge, having illicit relationship with one's father-in-law - WITH CONSENT - might well result in the disolution of marriage (no objections to this). However, rape is surely different, leading to a different set of concequences, which should be taken care of while giving such fatwas.
This situation was very tricky and could well be sabotaged by anti-Islamic people who state that Islam is against the rights of women. And they would not be wrong in assuming or conceiving this perception, looking at the way this situation was handled - the woman was a victim of a horrendous crime and at the same time was also denied the right of a lawful marriage??!!
I found this article by Asif Jalal, which also appeared in the Sahara newspaper. I am reproducing it here with his permission.
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The Farce of Fatwa
- By Asif Jalal
The sting operation carried out by a television channel airing footage of muftis at prestigious seminary in Delhi, Deoband and Meerut taking bribe for issuing fatwa is a symptom of deeper malaise that afflict the business of issuing fatwa in India.
This came soon after the controversial fatwa in Imrana case and the fatwa prohibiting Muslims from reciting Vande Mataram. Not far back, in order to facilitate the marriage of an aged Arab to two teenage girls simultaneously, a mufti from Hyderabad issued a fatwa that a man can marry two wives at one go. Another mufti also from Hyderabad issued a fatwa declaring the way Sania Mirza dress to be un-Islamic as that 'leaves nothing to imagination'. If you can recount, there is no end to such scandalous fatwa.
All these lead us to some very significant conclusions. First, the moral fabric of our ulema associated with even the best of the institutions like Darul Uloom Deoband is corruptible and tenuous as that of the rest of the society; they are not immune to the worldly allurements and temptations as we assume them to be. Therefore, we cannot rely solely on them for our guidance and leadership.
Secondly, as per one the conditions for issuing fatwa, it should be proclaimed only by someone who is having a comprehensive knowledge and erudition in the religious and secular knowledge. By this standard, not many muftis are competent to issue fatwa as they thoroughly lack the understanding of the situation and the case. Today our muftis simply open the rule-book which accounts for situations hundreds of years old and pronounce fatwa like a decree. But even the Islamic scholars of the stature of Imams Abu Hanifa and Imam Hanbal issued fatwa only after making a serious study of the situation and taking all aspects of the matter into consideration. However, the contemporary muftis issue fatwa at the drop of the hat without any understanding and due care.
Moreover, one of the basic facts about a fatwa is that it is mere an opinion of a cleric on an issue supposedly from Islamic perspective; and opinion on any issue of concern may be more than one, even contradictory and all of them may be correct. For example, in the Imrana case, as per Hanafi School, the lady was declared illegal to her husband as after the rape she became the mother of her husband. But as per Shafi School she was lawful to her husband. In fact, even within one school the founders of the Islamic laws had no arrogance about the finality of truth.
And what is more important is that a fatwa is not binding or obligatory to comply with, though we treat it as if it is a decree from Allah and its violation is the surest way to hell. The ignorance of this point among the common Muslims is one single biggest hurdle in their socio-economic and educational development, as their single step forward is blocked by plethora of mindless fatwa, and the Muslims think that acting contrary to the fatwa they will anger God. And the non-Muslims think that a fatwa, even if it is contrary to the demand of time and the spirit of the age, is obeyed by all the Muslims necessarily.
Thirdly, as the concern of issuing fatwa is associated with ulema's project to maintain hegemony over Muslim's private sphere and to keep themselves relevant in modern times, it would not be out of place to mention that ulema's deep distaste for the modern education frustrates their power ambition. The principal prerequisite for the position of leadership is knowledge, the religious as well as secular knowledge, the one which they look condescendingly and think as evil and unimportant. For their ambition they would do better if they also possess knowledge of sociology, psychology, political science, modern philosophy etc. That will not only strengthen their hold over the Muslim community, something which they want desperately, but would also serve a community which is basically disorganized, backward and leaderless.
Fourthly, the whole episode also provides an opportunity to the common Muslims to know what goes in making of a fatwa, something which we treat so sacredly. We think that it is the pure feeling, the fear of God and the spirit of service of the people which inspire the ulema to deliver fatwa. Therefore, we take it seriously and endeavour to comply it with all our sincerity. However, a fatwa is a queer combination of the lust for power, greed for wealth and, on the top of it, total ignorance. Therefore, when the Muslims seek a fatwa or come to know about a fatwa on a matter they should give a second thought to it before observing it; they should reject it summarily if they find it to be against reason, human values and the spirit of Islam.
It is also the duty of the Muslim intelligentsia, activists, and leaders to come forward and condemn archaic and retrogressive pronouncements as they create a caricature of Islam and put Muslims to shame. Sometimes they also lead to communal tension.
It should also be realized that Islam is the only religion of the world which does not provide for a priestly class, though the ulema have started acting exactly like that. In Islam, God is accessible and his religion is understandable by anybody who is interested and sincere. That is, anybody having knowledge and interest can apply his knowledge and reason to the problem with which we go to the ulema who more often than not misguide us.
And finally, the media should not give publicity to such bunkum. What may go unnoticed and without controversy is made the central issue of debate and the whole Muslim community get entrapped in that. There are saner people and much worthy things performed by mass of the Muslim population and this aspect of the community should make the core of media concern.
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