Author: Press Trust of India
Publication: The Indian Express
Date: November 9, 2005
URL: http://www.expressindia.com/fullstory.php?newsid=58041
Questioning the power of judiciary in the
affairs of Muslim community, the religious body Darul-Uloom of Khargone district
has issued a 'fatwa' recently annulling the divorce decree by a court in Sendhwa
town of Madhya Pradesh in the Arjumand Bano case on the ground that the judge
was a non-Muslim.
The fatwa was issued by the Darul-Uloom, Khargone's
Mufti Mohammad Rafiq Qasmi following an appeal against the divorce decree
by Anwar Khan, who, according to Islamic Shariat, was still the husband of
Arjumand.
It states, "the order of magistrate (judge),
non-Muslim, is not acceptable in Islamic shariat and therefore, the woman
can not enter into wedlock second time and if she has already gone for the
second marriage, then it amounts to 'haramkari' (illegal)."
Arjumand married Khan of Khargone in the year
1996 and after spending sometime with her husband, she went back to her parent's
place in Sendhwa town. Later, she filed a divorce suit in the local court
following which the court has given decision in her favour.
After the divorce, Arjumand's parents married
her to a schoolteacher of
Barwani district. However, Anwar Khan, who
has opposed granting of divorce in the court, later 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, the order was not acceptable
under the Islamic shariat.
