Indian Supreme Court says, fatwa cannot be forced upon people. But fatwas are forced upon people.
Fatwa issued by Muslim clerics cannot be forced upon people and the state has to protect persons who are harassed for not following such diktats, the Supreme Court on Tuesday said while expressing reservation in interfering with shariat courts.
Holding that it’s a matter of choice for the people to accept fatwa or not, the apex court said running of institutions like Darul Qaza and Darul-Iftaa is a religious issue and the courts should interfere only when someone’s rights are violated by their decision.
“We can protect people who are subjected to suffering due to this. When a pujari gives a date of Dussehra, he cannot force someone to celebrate the festival on that day. If somebody forces them on you, then we can protect you,” the bench said after the petitioner pleaded that fatwa issued by clerics is unconstitutional.
The petitioner says fatwas or religious edicts are unconstitutional. If democracy, human rights, women’s rights, freedom of expression are constitutional, fatwas automatically become unconstitutional. I didn’t know before reading this news that fatwas were not illegal in India. Why does India need fatwas?
It said fatwa issued by clerics or prediction made by pandits do not violate any law and so courts should restrain them from doing so.
Fatwas violate laws, human rights and freedom. Fatwas are for violating rights. If fatwas did not violate laws, there would not be any fatwas. Laws made by gods or worshipers of gods and laws made by modern rational humans are completely different. God’s laws are bound to violate human’s laws. It is better to make fatwas illegal rather than judging each fatwa whether it violates any law. A secular state must not have religious laws or edicts. The state that is separated from religion is called secular state.
“Which law gives power to issue fatwa and which statute gives pundit power to make horoscope? Court can only say that the state will protect the people if one is subjected to suffering due to fatwa,” the bench said adding some fatwas may be issued for the welfare of the people.
“These are political and religious issues and we do not want to go into it,” the bench said while hearing a PIL filed by an advocate Vishwa Lochan Madam challenging the constitutional validity of shariat courts for allegedly running a parallel judicial system in the country.
It is like putting a poisonous snake in your room and assuring you that if it bites you, you will be taken to a hospital for treatment. Why don’t they take the snake out and let you live peacefully?
All India personal law board submitted fatwa is bot binding on people and it is just an opinion of Mufti and he has no power and authority to implement it.
Senior advocate Raju Ramachandran, appearing for the Board, submitted if a fatwa is sought to be implemented against the wish of the concerned person, then he can approach court of law against it.
The petitioner submitted the fundamental rights of Muslims could not be controlled and curtailed through fatwas issued by qazis and muftis appointed by Muslim organizations.
A fatwa was issued against me by All India Muslim Law Board. No action was taken against the men who issued fatwas. The issuance of such fatwas was against the right to life guaranteed by the Constitution.
An unlimited amount of reward money was offered to my would-be killers in Kolkata. It happened in broad day light, and in the middle of the city. No one was arrested for setting price on someone’s head.
If they can get away with declaring fatwa once, they will declare fatwas more. Fatwas are contagious. Because fatwas were issued in Kolkata, fatwas were issued in Uttar Pradesh and other places. Others learn to issue fatwas, to create terror in society. The fanatics are having wonderful life. Nobody even questioned them for their crimes of setting price on people’s heads.
The state is now protecting me. It is the same protection Supreme Court offers to persons who are harassed by fatwas. Protection alone can not give a tension free life. I have been living in constant fear. Anyone can kill me at any moment. Fatwas are still there, not a single fatwa was withdrawn. I could get a life without being surrounded by police if there were no fatwas. The state could save money.
Mullahs have been issuing fatwas against women everyday. Women are not allowed to use mobile phones, to work for private companies, to go anywhere without wearing hijabs or burqas etc. Who will provide them protection? If fatwabaaz mullahs roam around free, and if they are free to issue fatwas against whoever they want, women won’t feel protected, they won’t enjoy their basic human rights.