Role of Fatawa in the Freedom Movement | Indian Muslims

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Role of Fatawa in the Freedom

Movement
Submitted by kashif on Sun, 12/17/2006 - 08:13.

● Features

By Zafarul Islam Islahi

It is an established fact that the Muslims after their settlement in India

adopted it as their home and considered it their duty to work for socio-
economic and cultural development of the country and general welfare of
the people. In fact, they took part in the freedom movement with the same
sense of duty and worked whole-heartedly along with their country-fellows
to achieve the desired goal of the freedom of their homeland. The different
sections of the Muslim society, including ulama, utilised their respective
resources for this purpose.

As torchbearers of the Muslim community, the ulama employed various

methods to serve the cause of the freedom movement. Apart from actively
participating in different programmes of the movement which were going

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Role of Fatawa in the Freedom Movement | Indian Muslims

on in those days under the leadership of Gandhiji, they did their best to
make the movement successful through their speeches, writings and
issuing fatwa for creating awareness among the Muslims about the
Britishers or in support of the crucial programmes of the freedom
movement.

The fatwa (pl. fatawa), as it is well-known, is exposition of the Shariat's

point of view by a mufti or a learned jurist with regard to any emergent
problem in response to a legal query (istifta) by any person or on his own.
As a matter of fact, the institution of ifta (writing or issuing fatwa) is an
integral part of Islamic juridical system and has important role in guiding
the ummah in emergent problems or new situations. It is pertinent to
explain here that the fatwa issued by the competent legal authority about
any issue is given much importance by the common Muslims, because it is
believed that a fatwa is a declaration of the Shariat's point of view
expressed either in the light of the Quran and Hadith or through
interpreting their text. As such it is considered binding as a provision of the
Shariat, though, of course, a mufti individually can not force any one to
follow his fatwa. It can not be denied that in recent times, some of the
fatawa issued by certain muftis in haste, without thorough examination of
the concerned cases, have undermined the dignity of this great institution
of Islam.

The issuing fatwa is not an easy job as it is generally thought. It requires

extreme care and utmost regard for the well-defined principles of the ifta.
As a matter of fact, issuing fatwa or delivering legal verdict about different
issues or cases has a very old history in India. In the modern media, the
fatwa is sometimes dubbed as document which negates democratic
principles, serves the sectarian approach and undermines the rights of
women and non-Muslims. It has been forgotten that it was the fatwa which
had set into motion the struggle against the Britishers who had established
their control over India and had snatched the rights of the Indians to rule
over their country. There are enough evidences to suggest that fatawa of
the Indian ulama had mobilized the Muslims to render services and make
sacrifices for the sake of their homeland and had boosted the cause of the
freedom movement in its several stages.

In the history of the freedom movement in India, the fatwa of Shah Abdul TwoCircles.net - Indian
Aziz Dehlawi, issued in 1803, has crucial importance as it declared India Muslim News
of that time as Darul Harb and thus prompted the Muslims to start struggle
against the Britishers and permitted them to wage war for bringing change ● Kerala Muslim
in the situation.
organisations form
permanent common
In fact, it was the starting point of the freedom movement in a practical
platform
way, though it is rightly said that the ground for the movement was
actually prepared by the writings of Shah Waliullah Dehlawi (d. 1762 CE)
about the political situation of India in the 18th century. The historic fatwa 7/31/2009
of Shah Abdul Aziz was endorsed by many ulama of that period, including
Qazi Sanaullah Panipati, Shah Rafiuddin, Shah Abdul Qadir, Shah Ismail By Najiya O.,
Shaheed, Shah Muhammad Ishaq and Mufti Ilahi Bakhsh. It is noteworthy TwoCircles.net,
that the fatwa of some of these ulama had clearly declared that in the New Delhi: Around
present situation it had become obligatory for the Indian Muslims to wage 80 influential
jihad against the Englishmen to change the situation of the country. This people assembled in

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 Role of Fatawa in the Freedom Movement | Indian Muslims

edict had certainly given legal sanction for the same to check the the Muslim
enslavement of the country and its inhabitants and had also awakened the Association Hall in
people to prepare themselves for further line of action. During the Thiruvananthapuram
subsequent period, the fatawa continued to be issued by the contemporary on…
ulama in support of the different programmes of the freedom movement. ● Men against
Quite obviously, the fatawa that were issued with the signature of a large violence-5: Men
number of ulama proved to be more effective. Some such fatawa belonged also face violence
to the pre- and post-first war of independence. Just before the painful event but...
of 1857, when the Britishers were exhausting their energies to gain full
control over Delhi and were damaging the life and property of those who
were resisting it, a fatwa was issued with the signature of 31 ulama of 7/30/2009
Delhi, which declared jihad farz-i-ain for the Muslims of Delhi and farz-i
kifayah for those of adjoining areas. The signatories to the fatwa included By Nasiruddin
Sayyed Nazir Husain, Maulana Rahmatullah Kairanwi, Mufti Sadruddin, Haider Khan,
Mufti Ikramuddin, Maulana Abdul Karim, Shah Abdul Ghani Mujaddidi, Dhaka : Do the men
Mufti Rahmat Ali Khan and Maulana Ilahi Bakhsh. also face violence
within domestic
It is well-known that after 1857, the main target of revengeful action of the sphere? I come
British government were Muslims, as they had led the first war of across this…
independence and had posed great challenge to the rising power of the ● Kerala police
Britishers. In this situation, some of the ulama, including Maulana claims to find
Kifayatullah of Muradabad reinforced the above edict to motivate the evidence regarding
Muslims for struggle against the oppressive Government. Kozhikode blasts

Another important fatwa issued by Shaikhul Hind, Maulana Mahmud 7/30/2009

Hasan in July, 1920 is related to non-cooperation with the British
Government, which was actually an important part of the freedom By TwoCircles.net
movement to put pressure on it. The fatwa of the Shaikhul Hind declared it Staff Reporter,
Dailly newsdigest by unlawful for the Muslims to join the government service, especially in Kochi: The Kerala
email: police and army and to cooperate with it in any way. The fatwa endorsed police claimed to
by a large number of ulama in the meeting of the Jamiatul Ulama (held at have collected
your email address Calcutta in September, 1920) was printed with the signature of 474 ulama evidence regarding
and distributed in different parts of the country. It contributed a lot to make the Kozhikode
the programme of non-cooperation more effective as many Muslims blasts by taking…
Subscribe following the dictates of the fatwa left the government jobs, discarded the ● Formation of
military service and returned the government awards and titles. Moreover, Ulama Council was
echoing the same edict, a resolution supported strongly by Ali brothers,
Navigation was passed in the Khilafat Conference session of September, 1921, (held at
a blunder: Dr.
Zafrul Islam Khan
Karachi) openly declaring the police or military service of the British
● Browse by... government unlawful (haram). Subsequently, the resolution was compiled
under the fatwa format by Shaikhul Islam Maulana Husain Ahmad Madani 7/30/2009
Who's online and was signed by him along with Maulana Nisar Ahmad and Peer Ghulam
Mujaddid. It was also sent in the printed form to several parts of the By Salman Sultan,
country, which generated more heat in the freedom movement as the non- TwoCircles.net
There are currently 0 cooperation had become a mass programme among Muslims due to the Special
users and 5053 guests impact of the fatwa. The situation was quite alarming for the government Correspondent, read
online. which took steps to suppress the rising impact of the fatwa by seizing it more
and arresting the compiler and supporters of the same. It was the same ● US Embassy selects
fatwa on the basis of which the famous Karachi case of inciting sedition AMU student for
was started against the above prominent freedom fighters who were put to academic trip to US
trial and finally awarded punishment of two years rigorous imprisonment.
Instead of bringing any setback to the movement, these repressive
7/30/2009
measures spread the message of the fatwa far and wide and strengthened

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Role of Fatawa in the Freedom Movement | Indian Muslims

the people's resolve to go ahead on the path of the freedom. By TwoCircles.net

News Desk,
In addition to the non-cooperation programme, the salt satyagraha Aligarh: Mohd.
movement started by Gandhiji in March, 1930 against the anti-people salt Ghazi, a student of
law of the government also proved to be more effective to air the feelings S.T.S. High School
of resentment and anger against the Britishers and exhorted them to work at Aligarh Muslim
more vigorously to relieve the country from their oppressive and unjust University has
rule. The Muslims, including ulama, actively participated in this historical been…
satyagraha, and worked hard to give it wider acceptance through their ● Karnataka Govt to
speeches and writings. Some of them, like Mufti Atiqur Rahman Usmani, offer financial
are reported to have given a verdict that no government has right to levy support to heirs of
tax on items like water and salt and that it is permissible to make struggle Tipu Sultan
against a government which dares to do it. Such fatwa had led to create
more awareness among the common Muslims for participation in the
7/30/2009
satyagraha.
By RINA, New
It is well-known that the freedom movement and the Khilafat Tahrik were
Delhi: Asif Ali
interlinked. They got support and strength from each other. The whole-
shah, a heir to the
hearted support of Gandhiji to this Tahrik had made it an all India issue.
great warrior of
Consequently, the Khilafat Tahrik had given great strength to the Hindu-
independence Tipu
Muslim relationship and their unity which was obviously the most
Sultan, has been…
powerful source for the country to achieve the lofty goal of freedom from
● A group formed to
the foreign rule. The Indian ulama, as is well- known, had been in the
forefront in the Khilafat movement led by Ali brothers. Though I could not wage Jihad against
come across any formal fatwa issued in support of this movement, but it terrorism
could not be overlooked that this Tahrik itself was started on the basis of
the well-considered opinion of the Indian ulama that according to the 7/30/2009
Shariat at that time no one was legitimate Khalifa of Muslims except the
Sultan of Turkey. So, the Muslims all over the world were required to raise By RINA, New
this issue and work for restoration of his Khilafat. Moreover, just about one Delhi: Some peace-
month before the formation of the Khilafat Committee in India, in a public loving citizens of
meeting of Anjuman Muaiyyidul Islam held in Farangi Mahal (Lucknow) Mumbai have
in February, 1919 under the chairmanship of Maulana Abdul Bari Farangi established a new
Mahli, it was resolved unanimously that a fatwa giving details of the rules organization,
of the Shariat about the institution of Khilafat be prepared and after being National Institute
signed by the ulama of the Arab and Islamic countries be sent to the for Jihad Against…
Governor General.

Another well-known matter which was juridically examined by the ulama

in course of the freedom movement was joining the Congress party by the
Muslims and working in coordination and cooperation with the Hindus to
bring freedom to their country. Some of the ulama of the period put their
seal to it by their fatawa to remove any misgiving, if found in this regard.
The fatwa in support of joining the Congress party had been issued by the
famous freedom fighter Maulana Habibur Rahman Ludhianwi in 1888. It
was published with the signature of about 300 ulama and distributed in
different parts of country. This fatwa, though confiscated by the
government like other important fatawa, had also served the cause of the
freedom movement, because it is generally accepted that among the
political parties of that time the Congress was playing the leading role in
this movement. In the same way, many ulama of the period stressed the
need of the Muslims jointly working with the Hindus against the Britishers
who had subjugated their country and had enslaved them. What is

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 Role of Fatawa in the Freedom Movement | Indian Muslims

important in this regard is that some of them openly declared that there was
no bar from the Shariat for Muslims working with non-Muslims for a good
cause.

In brief, it is quite clear from the above details that many important
programmes of the freedom movement were supported by the ulama and
given wide acceptance among the Muslims through their fatawa. This was
actually an important part of the multi-dimensional role of the ulama
(especially those belonging to Darul Uloom, Deoband) in the freedom
movement which is generally overlooked by the historians and writers of
the modern period. The real importance of their fatawa lies in the fact that
they contributed to build up the opinion of the common Muslims against
the Britishers who had adopted repressive policies towards the Indians
particularly Muslims and under whose rule their life and property was
insecure and their religious and political rights were in peril. Besides, these
fatawa led to make them more active and dutiful with regard to the struggle
for freedom of the country. The Britishers, as also became clear from the
above deliberations, were themselves fully aware of the inherent impact of
the fatwa and had tried their best, though unsuccessfully, to suppress it by
seizing copies of different fatawa and subjecting their authors, printers and
propagators to harsh and humiliating punishment. It may be also added
here that the fatawa referred to above in relation to the freedom movement
are merely a fragmented part of huge fatawa literature of the same nature
available in the well-known Fatawa-collections, records of Darul Ifta of
different madrasahs and treasures of private libraries. These are required to
be brought out, studied thoroughly and compiled systematically to assess
their quantum and to find out the real role of this hitherto-neglected
literature produced by the Indian ulama.

Lastly, it can not be missed to point out that the ulama, who prepared the
above fatawa and took care of their distribution in printed form among the
people to make them more effective, were mostly products of the
madrasahs or institutions of Islamic learning. This strongly supports the
view that they are not only assets to the Muslim community, they are also
rendering (as they did in the past) many services (khidmat) to the country
âââšÂ¬Ã¢â‚¬Å“ the noblest being promotion of learning, reform
of moral life and socio-cultural upliftment of the people. Their good works,
undoubtedly, cannot be obliterated by the ongoing hateful campaign and
adverse comments about them in a section of modern media.

_____________________________________________________________
Professor Islahi teaches in the department of Islamic Studies, AMU

Source: The Milli Gazette, 1-15 November 2006, p. 16

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