Wednesday , July 15 2020
Home / HEADLINES / INDIA / Supreme Court Stays Blanket Ban On Fatwas By Religious Bodies
Download Udaipur Kiran App to read Latest News Today

Supreme Court Stays Blanket Ban On Fatwas By Religious Bodies


NEW DELHI:  The Supreme Court on Friday put on hold the Uttarakhand High Court order imposing a blanket ban on the issuance of ‘fatwas’ by the religious bodies.

The bench of Justice Madan B. Lokur and Justice Deepak Gupta stayed the High Court order on a petition by Jamiat Ulama-I-Hind challenging the High Court order.

Senior advocate Raju Ramachandra, appearing for Jamiat Ulama-I-Hind, told the bench that ‘fatwa’ is arguably one of Islam’s most misunderstood words. “Fatwas are not a restrictive or punitive device as is often made out to be.”

The High Court had imposed a blanket ban on the ‘fatwas‘ after it took suo motu cognizance of newspaper reports which said that a panchayat in Haridwar had asked a 15-year-old rape victim and her family to compromise with the accused or leave the village.

Taking note of the diktat of the panchayat, the High Court had said: “The panchayat, instead of sympathising with the rape victim, had the audacity to extern the family from the village. Fatwa is nothing but extra-constitutional adventurism, not permissible under the Constitution.”

The PIL filed by the petitioner organisation had contended that the “High Court has erred in treating the said a ‘farman’ as a ‘fatwa‘ because even from the perusal of the news item it transpires that the ‘farman’ issued by the panchayat was neither a ‘fatwa’ nor it was issued by the Darul Ifta or a Mufti on any religious issue.

Quoting Maulana Abdul Khalik Madrasi, Deputy Vice-Chancellor of Darul Uloom Deoband, the petition states that a ‘fatwa‘ is an “advice or an opinion”.

“It is given in response to questions asked by an individual on a personal or religious matter. It is not binding. Whether the person who sought the advice follows it or not is his or her wish,” said the petition quoting Deputy Vice-Chancellor of Darul Uloom Deoband, Maulana Abdul Khalik Madrasi.

Please share this news