Maulana Fahim Akhtar Nadvi, who issued the fatwa in October 2005, stressed that the reply would be according to the Sharia position as they understood it. To sum up the fatwa: "In Islam, a woman's expenses are first to be borne by her father and then her husband. But if there are mitigating circumstances, she may go out to work. She can dress in a manner outlined in the Sharia—only the face, hands and feet can be exposed. The head should be covered. A woman can adorn herself and use cosmetics at home. But if she looks provocative outside, she will only invite trouble for herself. You are therefore advised not to use make-up outside the house and to dress simply while fulfilling your responsibility at work."
The good maulana's advice is not very different from what the Delhi Police or one's grandparents might say. But because it comes with the words fatwa tagged on, it can be hyped to sound sensational. Besides, there is a genuine problem of crazy and downright stupid fatwas being issued by mullahs without a thought of the consequences. Says sociologist Imtiaz Ahmad: "The situation has deteriorated to a point where any little mufti freely issues fatwas irrespective of whether he has the requisite knowledge. Ideally, there should be no reason for seeking such opinions. Allah revealed the Quran for all mankind. But given the fact that the large majority of Muslims in India are theologically illiterate, as they cannot understand the Quran even if they read it, the right to offer a theological opinion has ended up as a licence and a free-for-all."
What's worse is that little can be done to change the situation. All the Muslims Outlook spoke to were unhappy with the ridiculous fatwas. But no one wants to to encroach on civil liberties or take away the freedom of expression. They all say it's really up to Muslim institutions to issue some sort of directive to curb the fatwa epidemic. The problem is not every village mufti takes his orders from an institution. He is an independent institution who reserves the right to say what he likes.
Mushirul Hassan, vice chancellor of Jamia Millia University, gives a historical perspective: "The real problem is that Islam does not accord a formal status to the ulema though Muslim communities recognise them as guardians of Islamic law. Thus the ulema have been searching for sources of legitimacy from the very beginning. The whole practice of issuing fatwas emerges from this search for legitimacy." In several Islamic countries, there are ministries for religious affairs that monitor fatwas. But the many freedoms in India also make it a tower of Babel. No one can legally be stopped from issuing fatwas unless they violate the law. That is precisely what happened in Madhya Pradesh last month when a maulana issued a fatwa nullifying a divorce granted by a civil court. The upshot was that the cleric was arrested.
B
ut no one can be arrested for expressing an opinion on the length of
Sania Mirza's skirt. Similarly, Deoband cannot be legally sanctioned for saying that Muslim women should only contest elections wearing veils. Neither can a cleric be held accountable for giving an opinion that a woman who has been raped by her father-in-law could no longer stay with her husband (Deoband issued a fatwa on a hypothetical problem which the media then applied to the
Imrana rape case).
But what's aggravating the situation is the constant media spotlight. Many of the recent fatwa controversies were media-inspired. Individuals from the press asked questions and got a reply that made for a great story. There is no doubt that when it comes to "Muslim issues", the media the world over can go on a feeding frenzy. Well-known Calcutta-based writer Syed Mustafa Siraj says that the attention given to Muslim issues is patently unfair. "I know of several cases where grave injustice is done to Hindu women but the media does not care. But let an aberration take place in the Muslim community and the media will go to town with it. As for fatwas, no Muslim takes them seriously." The Shahi Imam of Calcutta, Nurur Rehman Barkati, says that fatwas such as those issued about Imrana and Sania Mirza are irrelevant. "Uneducated mullahs with dogmatic and regressive views issue such fatwas. But most Muslims treat them as a bad joke," he says.