Khargone Muslim Cleric Hate
Muslim cleric outlaws court ruling
He issued a ‘fatwa’ annulling a divorce decree on the ground that the judge was a non-Muslim
MUMBAI, Thursday, November 10, 2005
Indore: Questioning
the power of the judiciary in the affairs of the Muslim community, a religious
body in Khargone district recently issued a ‘fatwa’ annulling a divorce granted
by a court in Sendhwa town of Madhya Pradesh on the ground that the judge was a
non-Muslim.
The fatwa was issued by Mufti Mohammad Rafiq Qasmi of the Darul-uloom following
an appeal against the divorce decree by Anwar Khan, who claimed he is still the
husband of Arjumand Bano on the basis of the shariat (Muslim personal law).
It states, "The order of magistrate (judge), a non-Muslim, is not acceptable in
Islamic shariat and therefore, the woman cannot enter into wedlock a second
time.
“If she has already gone for a second marriage, then it amounts to 'haramkari'
(illegal)."
Arjumand married Anwar Khan of Khargone in the year 1996. After spending some
time with her husband, she went back to her parent's place in Sendhwa town.
Later, she filed a divorce suit in the local court, which ruled in her favour.
After the divorce, Arjumand's parents married her to a school teacher of Barwani
district.
However, Anwar Khan filed an appeal with the Mufti of Darul-uloom, Khargone, who
annulled the court order on the ground that the magistrate was a non-Muslim and
therefore his order was not acceptable under the Islamic shariat.
The Darul-uloom also states, in the fatwa, that as per shariat, Arjumand
continues to be the wife of Anwar Khan.
Khan has filed an application in the Sendhwa court along with a copy of ‘fatwa’
pleading for cancellation of the divorce decree.
The court has fixed November 22 as the date for discussing the application.
Meanwhile, Arjumand filed a ‘contempt of court’ petition against Anwar Khan for
getting a fatwa against the court order by misleading the Mufti.
Now, political parties have jumped into the fray.
On Tuesday, Vishwa Hindu Parishad (VHP) international general secretary Praveen
Togadia condemned the Darul-uloom for issuing a fatwa in the matter and demanded
from a stern action against the Mufti and those not having faith in the
Constitution and judiciary.
Akhtar Baig, vice-president of the Madhya Pradesh Congress Committee’s minority
cell, also condemned the Mufti and demanded stern measures to check the growing
menace of issuance of fatwas by religious bodies.
Condemning the fatwa, former advocate general of the State and senior lawyer
Anand Mohan Mathur said religious bodies must understand that a decision given
by the court is equally applicable to all citizens of the country, irrespective
of religion.
He requested all Muslim and intellectual bodies to vociferously oppose the
decision of the Darul-uloom.