Uttar Pradesh: Agra Muslim clerics defy Allahabad High Court's observations on fatwas, say it has no jurisdiction

Islamic clerics in Agra have defied the Allahabad High Court's observations on fatwas, asserting that the court had no jurisdiction over Islamic religious matters under Article 25 of the Constitution of India - which governs freedom of religion.

Notably, the High Court of Judicature at Allahabad had observed during the hearing of a case of a Muslim couple, that fatwas had no legal standing, and couldn't be imposed forcibly on anyone.

The court had also observed that triple talaq couldn't be used against women just on the grounds of Muslim personal law.

Opposing these observations, Agra Mufti Abdul Khubaib Rumi said nobody has a legal right to turn down the orders of the Islamic Court.

Article 25 of the Constitution of India specifically allows everyone the freedom to observe one's religion, and similarly, Article 26-B gives everyone the right to have their own personal religious beliefs, he said.

If a Muslim gets married as per Sharia law, he should also be allowed to seek talaq as per Sharia if the need arises, and the Court shouldn't interfere in this matter, Rumi said.

'TAKE CASES RELATED TO PERSONAL LAW TO CLERICS ONLY'

Qari Mudassar Ali Qadri said this matter was connected to personal law, and that the Court couldn't hold a hearing on this.

Personal law has been made in the light of the Quran and the Hadith, and can't be rewritten in the name of social changes, he said.

Qadri advised Muslims to contact only clerics in cases related to personal law, and not take them to the Court - which he said had no jurisdiction in these matters.

Jamit-ul-Quresh district President Mohammed Sharif Kale said that the High Court's observations on Islamic fatwas were unacceptable, and went against the spirit of the Constitution.

Muslims will go to the Supreme Court against this and would request the top court to issue instructions to all judges in the country to not pass such statements again, he said.

The Imam of a local mosque said on the condition of anonymity that while Muslims may go to the Supreme Court against the High Court's observations, it's a fact that whatever the High Court at Allahabad has said will become the law unless it's challenged in a higher court.

However, if the Supreme Court too upholds what the High Court has said on fatwas, what Islamic clerics will do then is a question to be pondered in advance, he said.

'MEN, WOMEN EQUAL IN ISLAM, BUT HAVE UNEQUAL STATURE TODAY'

A BA Student - Sonam - said that Islam considers men and women to be equal, but both have a highly unequal stature in today's society.

She said when women go to clerics with grievances, they don't consider them to be important.

But when men do, redressal is swift - and often against women, she said.

Sonam added that if any Indian court rules on a matter related to something also contained in religious law, then the court's orders should be accepted.

SUPREME COURT HEARS TRIPLE TALAQ CASE

Notably, the triple talaq issue is currently being addressed by the Supreme Court of India. A constitutional bench has observed that it needs to be determined whether triple talaq was originally a part of Islam, and whether it can be included in Muslim's fundamental rights.

If it is proved that triple talaq was originally a part of Islam, then the Court may probably not interfere with its constitutional validity.

However, most legal and religious experts agree that triple talaq can't be made a fundamental right at any cost.

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