As-Sunnah Vol. 2 Issue No. 5


The Deobandi’s Insistence that the Fatawa is in Accordance with the Qur’aan

The Deobandi’s Insistence that the Fatawa is in Accordance with the Qur’aan*
Following the fatawa issued by Muftis from the Darul-Uloom Deoband, many statements were given to the media by various Deobandi moulanas strongly endorsing this fatawa. Their statements implied that the fatawa of the Darul-Uloom Deoband is the judgment of the Qur'aan, which leaves no room for disagreement. Anyone, who opposes the fatawa, is opposing the Sharee'ah and Islam.

Maulvi Muhammad Ahsan Qasmi, deputy Mufti of the Darul-Uloom Waqf, Deoband, asserted that if someone were to counter the Deoband fatawa and decide that Imrana’s marriage remains intact, it will be ‘construed as interference in the religion,’ since such a decision would be opposed to ‘the clear commandments of the Qur’aan.’ In such a case, Imrana will have to decide whether to accept the verdict of the court or ‘bow her head before the Qur’aan and the commandments of the Shareeah.’

Maulvi Habibur-Rahman Khairabadi, Chief Mufti of the Darul-Uloom Deoband, said that he saw the issue as being ‘directly related to the Qur’aan,’ and insists that ‘a matter clearly specified by the Qur’aan cannot be debated.’

Mufti Mukarram Ahmad of Delhi mentioned that if a man so much as touches any part of his daughter-in-law’s body with lust, her marriage to her husband is dissolved. How then, he asks - defending the Deoband fatawa - can a woman raped by her father-in-law remain married to her husband?
Note: This is the actual Deobandi position as will be explained later in the article.

Moulana Mohammad Masood Madani, was quoted as saying, ‘She had a physical relationship with her father-in-law. It does not matter if it was consensual or forced,’ and, ‘Any Muslim who opposes our fatawa is not a true Muslim and is betraying Islam.’

In reality, the Deobandi fatawa is not directly related to the Qur’aan because no verse in the Qur’aan explicitly rules on the annulment of marriage as a consequence of adultery or sexual assault. It is for this reason that Islamic jurists disagree amongst themselves in this issue.

The position of the Deobandis is based upon the view that
any physical relationship, regardless of whether it occurs in a lawful or unlawful manner,
establishes Hurmat al-Masaaharah.

* The quotes mentioned under the sub-title, ‘The Deobandi Insistence…’ are mostly from the article, ‘Imrana and the Sharee’ah Controversy’ by Yoginder Sikand and have also been widely reported by the media.

Taken from As-Sunnah Newsletter -


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