The photo fatwa

This is the man who has issued a fatwa against photography. You can see that he has no qualms about striking a pose.

I am really tired of saying that a fatwa means zilch. Yet, every other day — often in reply to a question — there is an edict. It is not binding on anyone.

Only the media seems to take the Darul Uloom Deoband seriously, and always refers to it as "India's leading Islamic seminary".

Quite naturally, a bizarre fatwa grabs attention. Some Muslims consult the seminary for general information. An engineer wanted to know if he could pursue his passion for photography. I am assuming he did so because of Islam's stand regarding iconography. He was told that photography is a sin.

This is ridiculous. How and why did it transform into a fatwa? The media tends to follow the Deoband's advise columns, and what it posts on the website. When push comes to shove, the organisation is more than ready to show muscle. A fatwa materialises as the last word. Newspapers and TV channels get excited.

The reporter is soon on the phone talking with the vice chancellor, Mufti Abdul Qasim Nomani, who says:

"Photography is un-Islamic. Muslims are not allowed to get their photos clicked unless it is for an identity card or for making a passport."

The reporter goes all Wahabi on him, mentioning how Saudi Arabia "that aspires to return to the earliest fundamental sources of Islam" (duh) permits it and even telecasts the Haj live. To which the Maulana replies:

"Let them do it. We do not allow it. Not everything they do is correct."

I like the last bit.

At any other time, the media would have used this to scream with joy about how Indian Muslims are under no threat of being Saudi-ised, and everybody can breathe free. But now is not the time. Now we have to prevent Indian Muslims from being denied their Nikons and Canons and dual camera phones. They need to be 'brought into the mainstream', and saved from such backward fatwas.

Really, take a chill pill. Most Muslims in India don't give a rat's ass about the Deoband and don't even know where it is, who runs the show, and what stuff they smoke.

Next on the reporter's itinerary is the All India Muslim Law Personal Board. One Mufti Abul Irfan Qadri Razzaqi agrees with the fatwa:

"Islam forbids photographing of humans and animals. Whoever does that will be answerable to God."

Reporter is on a mission. He "reminds" him about Saudi Arabia. To which the gentleman says:

"Just because they are richer than us doesn't mean they are also correct. If they are allowing photography they will be answerable on the Day of Judgement in the court of God."

See. You can do all you want, fatwas be damned, till you are alive. You may even perform the pilgrimage to Mecca in the horrid land that permits photography. You will finally be judged by a 'non-human' who, alas, cannot be photographed.

End note: I've used this picture before, but is it halal?

Muslim Fire, Hindu Ire

No patakhas for Muslims?

Leading Islamic seminary Darul Uloom Deoband has issued a fatwa against manufacturing and sale of firecrackers, saying that it is against the Sharia law.

Manufacturing and selling of firecrackers is against the Sharia law, and firing crackers is a gross misuse of money, the fatwa said. It also said that that men who misuse money are the ‘brothers of devil’. The Islamic seminary issued fatwa on a query from a man involved in the business of manufacturing firecrackers. The news holds significance given that a large number of Muslims are involved in the manufacturing and sale of firecrackers across the country.

I just cannot understand this. Why would a person who is already involved in the business want to consult the seminary?

If firing crackers amounts to misuse of money, then so is placing flowers over tombstones at dargahs.

If those who indulge in this are ‘brothers of the devil’, are women permitted to play with phuljhadis?

Is there any evidence of the devil misusing funds? Did he not inherit hell, or should he be pulled up for spending a fortune on adding all those satanic thingies in there?

I do not see how there can be any mention of firecrackers in the Sharia. Did some of the Prophet’s opponents light up anaars on the desert sands?

If the Darul Uloom is so concerned, it should seek justice for children who work in these factories and are exposed to risks of extreme levels of pollution. Get over this fatwa obsession and do something that matters.

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Gays threaten Hinduism?

An artist holding an exhibition in the capital on the theme of homosexuality was on Thursday attacked and abused by an unidentified assailant, who also damaged one of the paintings on display. Balbir Krishan said the attacker entered the solo exhibition space at Lalit Kala Akademi with his face covered by a handkerchief. He pushed and kicked Krishan, a double amputee who has lost both his legs, while hurling insults all the while.

He has been receiving threatening calls saying: “Tuney Hindu dharam ko bigarne ka theka laga rakha hai (You are determined to ruin Hinduism).”

Someone should take these guys on a yatra where temple sculptures clearly show all kinds of sexual activities, including homosexuality. Will they dare to deface those? Will they dare insult the deities?

I am not suggesting that art should be irresponsible. In this case, he was only exhibiting works, giving expression to his thoughts and personal experiences. He was not indulging in criminal activities like paedophilia, for which a few good godmen have been caught. Why do these assaulters not land up in those ashrams and use their fists. Well, to beat up those holy folks...

No dharam can be spoilt. It is not perishable food.

Travel Advisory for Darul Uloom

"Go take a walk."

And before I am branded as not Muslim enough, if at all, then let me assure you I am closely acquainted with Muslims who practise their faith religiously.

I understand that by quoting the Darul Uloom Deoband I am furthering their cause, but if newspapers continue to publish their latest fatwa, as though it is the newest trend, we will have to speak up. The seminary purports to represent the faith and the Quran; it also ends its fatwas with “Allah knows best”. Therefore, I wonder why people ask them questions at all.


Here is the query on travel:

“Is a married woman permitted to travel to another country with her female sibling?”

The Darul Uloom reply:

“She cannot travel without a ‘mehram’. It’s mentioned in the Hadees that a woman should not travel for more than 48 miles except in the company of a ‘mehram’ relative.”

A 'mehram' is an immediate relative, with whom having sex would amount to incest, or the husband.

I would like to know whether implicit in the reply is that women travel for sex or that there is always the possibility of them being sexually exploited. The latter does pose a danger, but wasn’t it the Deoband that issued a fatwa on a raped woman who was asked to marry her father-in-law, the rapist? Where was she travelling to?

There are several aspects in religion that had validity at one point in time; it is important to seek the essence and not the superficals. And I am not sure about the verity of the Deoband pronouncements. In respect of removal of hair in private parts, for example, it talks about tweezers for women. Were there tweezers in the Prophet’s time? Or depilatory creams? Anyhow, all these were for reasons of hygiene and not because it interfered with people’s belief in god.

Now back to their travel advice. Quite a few of my relatives are religious and the women travel alone and are professionally qualified. Some also wear the hijaab and drive the fastest and take holidays without their male relatives.

The Deoband's extreme position will work against itself. A woman asking the query obviously wishes to or needs to travel. She may not know how far her destination exactly is in miles or kilometres. She might need to use transport and the driver need not be a woman. Then what? Okay, she will be in full hijaab and all that. Then? What if she takes a break every 48 miles and then resumes for another 48 – will that be halal?

In the same state of Uttar Pradesh some miles away from the Deoband in Lucknow women in Varanasi are running madrassas. They have had regular education and are inculcating these values in their students. They are showing the community, the country and the world that madrassas are not only about religious teachings. It is not to justify the existence of such madrassas or to whitewash a bad image, but to fight ignorance and empower themselves.

I should hope they travel far, beyond the 48 miles, because in their minds they have already traversed way ahead of the clerics.

Indo-Pak Pieces and Bits

I find the phrase “diplomatic offensive” rather amusing. So, one such offensive took place yesterday when Pakistani singer Rahat Fateh Ali Khan was not arrested despite being caught with $142,000. He was not being harassed; this is customary procedure. I know there are people who will shoot back about transactions worth crores that get past. They do but they must not. It is as simple as that.

It is appalling that a report in the TOI can flaunt how he could get away with this:

The decision not to arrest the singer was influenced by the fresh peace process between India and Pakistan that started only a week ago.

At risk would be the PM’s latest effort to mend fences with Pakistan, because Rahat is not only a popular Bollywood singer, in many ways, he is also the voice of all attempts to foster India-Pakistan peace.

Great. It follows that we should not probe into other issues – whether it is Hafeez Saeed or Dawood Ibrahim – because we are talking peace. There was diplomatic pressure from Pakistan and there would be because he was a celebrity. The same prompt action is not taken when fishermen are caught only because of the tides that push them into each other’s territories.


And how does he become the voice of peace? We have had people like Mehdi Hassan and Reshma years ago, but there was no attempt to project this ‘aman ki asha’ commercial enterprise. Let us not say there was no need. Our relations with Pakistan have always been strained. If he is a Pakistani icon then I wish he’d get more singing assignments there. He is a marvellous singer, but it isn’t that we don’t have any of our own. I have repeatedly said that the import of performers is limited to the safe bets and those who will increase the TRPs. There is not sufficient reciprocity, though.

Regarding the practical issue, why was he carrying this much foreign currency? It is common practice for performers, Indians included, to be paid in cash, though they do show a percentage of their earnings on paper. Therefore, this is ridiculous:

Documents revealed that Khan sang in Hindi films for free as “a goodwill gesture”. However, DRI officials don’t buy it and suspect that the singer was paid Rs 15 lakh per song through a different manner, which they are investigating.

We have had cases of high-profile Indians who have been detained. There was the wife of an industrialist who was carrying undeclared jewellery; she had to put up with the investigations although she was known to wear a lot of these baubles.


More recently, the Income Tax raided the houses of Priyanka Chopra and Katrina Kaif. They are famous and ‘icons’, for whatever it is worth. I am quite certain they could and probably did use their contacts to hurry up the matter, but did the government put pressure?

The media is making it out to be a case of Indo-Pak relations and mentioning the cases of Adnan Sami and comedian Shakeel who was sent threatening messages by Raj Thackeray’s MNS. We know that this party threatens and roughs up Indians from other states as well. As for Adnan Sami, his property was attached because his wife has filed a suit against him.

Why does not anyone talk about peace initiative in this case?

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Salman Taseer’s killer Mumtaz Qadri has been indicted, but on Valentine’s day students and other fans sent him roses.

Now, wasn’t he supposed to be a hardcore Islamist and doing his bit for the religion? Then why are the clerics not flogging his supporters? Some Maulvi Ibrahim had threatened to flog anyone who was spotted selling or buying red roses. He said:

“Islam condemns Valentine’s Day and boys presenting flowers to young girls is vulgar and goes against the norms of Islam.”

If Islam follows the sharia, is there any hadith that actually mentions Valentine’s Day? Who is this man kidding? Is there mention of flowers, roses or lilies or even cacti, mentioned in any religious scripture of Islam and their role in corrupting morals? What is so vulgar about it?

Anyway, this is some mullah who has nothing better to do. He should be sent off to Syria, a nice Muslim country, where women wear the most enticing lingerie that have feathers and flowers. Some of these are gifts from their husbands.

Which makes me wonder: Is it okay in Islam if a man gives his spouse roses on V day? Or will he have to consult a maulvi about this impious act? And does placing flowers on graves of persons of the opposite sex also go against culture? Just asking…

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In India the Darul Uloom Deoband has come up with its latest fatwa:

“If a holy Muslim doctor advises that a woman is unable to bear birth pangs, then a less than three months old pregnancy can be terminated but if it is more than three months old, the abortion is absolutely unlawful.”

Medical practitioners already know that it is inadvisable to terminate a pregnancy later than three months. But how will this holy Muslim doctor know whether a woman can bear birth pangs six months in advance? Is he that holy? I assume this doctor is a male, so is it okay by the Deoband that a woman would be examined by him? Or will he only check her pulse and get a brainwave?

I think these guys should just take their business on the roads and get parrots to pick out cards to give ‘advice’.

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A man has been granted divorce due to mental cruelty. No, his wife was not tormenting him to perform well or nagging him or asking him for roses everyday. She just wore revealing clothes.

The courts thought he had a point:

Cruelty includes not only physical but mental cruelty as well. Ostensibly, she (wife) has indulged in bloating falsehood beyond proportions, additional district judge Manmohan Sharma ruled, accepting the husbands plea that he suffered mental agony as his wife regularly wore vulgar dresses. The court allowed the divorce plea saying mere living under one roof without the necessary ingredients of love and faith, which are the hallmark of a fruitful matrimonial relationship, is nothing but animal existence. The man contended that his wife wore vulgar clothes during their honeymoon. She dressed herself in a very vulgar manner and asked to change she retorted that she wanted to be noticed by at least 50 people.

Fine, it is possible for a man to feel disturbed and insecure. But there are instances when men like the idea of their wives being noticed. It is a huge ego boost. In this case, did she love him less? Did he lose interest in her? Was she unfaithful?

Let us flip this: If he wore lungis or tight-fitting jeans, would the court accept a divorce plea from her on grounds of mental cruelty?

These are indeed personal choices and the partners need to have some understanding, but it is unfair to undermine individuality. Men get attracted to women who are all sexed up but once they get married those very clothes, that foxy look and aggro attitude become a problem.

Stick to inflatable dolls. I think there is nothing in any religion's scriptures against this.

A Deobandi as Modi's Brand Ambassador

Before you raise your eyebrows, do see things beyond the obvious. The new Darul Uloom vice-chancellor, Maulana Ghulam Mohammed Vastanvi, has given his stamp of approval to Gujarat chief minister Narendra Modi. Shocked? Don’t be. They both essentially perpetuate the same schema of religion as the subterranean text. Both have worked wonderfully at brainwashing people – one with the carrot of ‘Gujarati pride’, the other with the stick of fatwas that make faith into some watertight compartment.

Maulana Vastanvi is from Surat and an educated man. It has been reported that he introduced modern subjects like medicine and engineering in the local Darul-run institutions. One does not quite understand how these subjects become modern when even madrassas use technology these days. This is the superficial aspect that draws attention, quite forgetting how several religions steeped in rituals and superstitions do not permit true scientific inquiry and even resist certain medical intrusion. This includes the Darul Uloom.


Let us not forget its disgusting record of fatwas in the Imrana case or objecting to women working or the clothes people wear. The latest in the list is a fatwa issued this month that prohibits the practice of prophecy by Muslims. It cites the Shariah and warns that if a follower of the faith indulges in soothsaying, his prayers for 40 days become unacceptable.

Will the Deoband then ban all the caretakers at various shrines who after the prayers have been said, offering made and money deposited in the donation box swoosh a peacock feather over the devotee’s head and prophesise that all wishes will be fulfilled? What about the various pirs who advertise their powers to predict the future and the past? What about Islamic scholars that give their interpretations of Islam and further divide the community? What about the Deoband itself that issues these edicts? It may now say that it is only advice based on queries raised, but that is precisely what soothsayers do.

If they genuinely believe that the Quran is the last word, then they should refer the questioner to the Holy Book. Why is the Deoband permitting itself to act as a go-between?

This brings us to the modernisation by Maulana Vastanvi. It is relegated to the well-off. According to him there is “no discrimination against the minorities in the state as far as development is concerned…Development has taken place in Gujarat and we hope it will continue. I ask Muslims to study well. The government is ready to offer jobs (to them), but for that, they need good education.”

While education is always a desirable goal, why are there only government jobs on offer? Is this some autocratic system where the state decides even what employment opportunities are available to the minorities in the private sector? What is the educated population of Hindus, Christians, Sikhs? Who will fill up the Class IV government quota? I am not in any way suggesting that menial jobs should be an aspiration, but these too qualify as work. There are professions that require unskilled workers – what about those? The sword of education is made to hang on the necks of people precisely to demolish their self-esteem. Literacy does not guarantee the ability to fight for your rights. The system will not permit it.


Narendra Modi has streamlined the system so well that it is made to seem like the final destination, when education is a journey. How educated were the rioters of 2002? What degrees did the cops who went on a rampage hold? Were all the victims uneducated? In fact, some were educated rather well and had to pay the price for the possibility that they would not keep silent.

The Maulana does not see this. He is speaking the language of the elite, and an institution like the Darul Uloom is elitist, in that it lives within its cocoon and every once in a while comes out to pronounce edicts in a rather feudal manner. One does not want the Deoband or any group to take over the task of bringing a politician or a political establishment to book, but when a person takes over such an organisation he has to be responsible. Maulana Vastanvi says, instead, “The issue is almost eight years old now and we should move forward. Rioting anywhere – in Gujarat or in any other part of the world – is bad for humanity and should never happen. The Gujarat riots were a blemish for India and all culprits should be punished.”


The riots were not a blemish for India but for its bigoted politician who is the hero of this same modern India that the cleric is endorsing. He has gone to the extent of saying, “There are not as many problems in Gujarat as has been projected…As far as relief work for the riots is concerned, it has been carried out very well by the government and people of Gujarat.”

He seems oblivious to the cries of people still seeking justice…justice based on evidence. So, who is the uneducated one here?

Maulana Vastanvi and Narendra Modi may want Muslims to move on, and a few have because they could afford to. There are many who cannot. Some do not wish to because if they let their voices be muffled, then together with those few hundred bodies their souls too will get buried. One can be reasonably certain that a mall mausoleum will be built over it. Modi will flash it as one more victory for economic progress and the Maulana will flaunt a shadow puppet modern Muslim. He might like to check out what the Deoband has to say about malls, though.

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Published in Countercurrents, January 19

Subjugating the Muslim Woman

Subjugating the Muslim Woman
by Farzana Versey
Countercurrents, May 12

What is worse – the Dar-ul Uloom Deoband’s decree that a woman’s earnings are illegal because according to the Sharia her working among males is wrong or the Allahabad high court ruling that a non-Muslim bride must convert to Islam to marry a Muslim?

In both instances Islam is used to denigrate the position of women.

In the case of the edict, I fail to understand how it is being referred to as a fatwa by the media. This word is being abused in the most blatant manner. What the clerics of the Deoband seminary say is their point of view and they are often responding to specific queries by individuals. Their pronouncements and the questions asked are not universal statements or a general matter of concern or confusion among the Muslim populace.

Here is the Deoband version:

“It is unlawful (under the Sharia law) for Muslim women to work in government/private sectors where men and women work together and women have to talk with men frankly and without a veil.”

As happens often, newspapers have collected stray comments, and all from the religious perspective. Historical examples are a good foundation and place to start an argument, but they need not be used to deal with contemporary lifestyles and attitudes.

Why have the clerics woken up now? If they are supposed to be of any consequence and wish to be taken seriously, then must they wait for someone to raise a point? Don’t they see that thousands of women work and earn and help their families?

Have they not seen women beggars at traffic signals asking for money, displaying maimed children? There are Muslim women among them, too. If groups of Muslims keep talking about the real issue of economic backwardness, it is related to social backwardness that is forced upon them by these mullahs.

It is a tragedy that even where political issues are concerned women have to bear the brunt. Do the mullahs recall how they brought their women out with the same frankness they are against to reiterate their anti-terror position? Do the mullahs realise that everytime there is some backlash and they feel their religion is threatened it is the women who have to start observing the dress code, whether or not they themselves do as a mark of respect to their identity?

While there is no doubt some merit in making references to the Prophet’s liberalism and his wife Ayesha’s participation in the war, these are seen as special cases. For, in a monotheistic faith where the Prophet is held in complete reverence no one wants to emulate him or anyone from that period. They only wish to use their limited understanding of certain sayings in the Quran and either twist them or use them without any concern for the changing mores and requirements.

How many such edicts have been passed against men?

To be fair, there have been voices within the religious fraternity that have objected to this edict. These voices will be very few and not really stand out. It is the women who need to make themselves heard, both with their actions and their words.

The Dar-ul-Uloom is based in India and while the country does have provisions for personal laws, there is the Indian Constitution. If this gives us freedom to practise religion, then it will also intervene in criminal cases and any form of cruelty.

It is for this reason that the Allahabad court judgement goes against the principles of choice provided in the Constitution. The ruling states that matrimony between a non-Muslim woman and a Muslim man will be considered void as it goes against the tenets of the Quran.

This sort of blanket judgement bringing in religion can have disastrous consequences later. Sunita Jaiswal had filed a FIR against Dilbar Habib Siddiqui alleging that he had abducted her daughter Khushboo; she contended that she did not convert to Islam to buffer her case.

The court verdicts states:

“In our above conclusion we are fortified by the fact that in the affidavit and application filed by Khusboo herself subsequent to her alleged contract marriage, she has described herself as Khushboo and not by any Islamic name. As Khushboo, she could not have contracted marriage according to Muslim customs. In those referred documents she has addressed herself as Khushboo Jaiswal daughter of Rajesh Jaiswal.”

Therefore, her marriage is void, says the judgement.

One assumes that she was not abducted because she made the subsequent application. Therefore, unless she was forced, one cannot use that against Dilbar. While many people choose to use religion-specific names, some don’t. Khushboo is an Urdu word and could be a Muslim name. There have been several cases of celebrity nikaahs performed where the couples belong to different religions and opt to retain the cultural rituals of both sides of the family. It may not have religious sanction, but some qazis do conduct such nikaahs.

What if the couple got married under the Special Marriages Act and had it registered? No conversion or name change is required. I should hope the girl is not pressurised as this could well be a ruse to prevent a cross-religious alliance.

If the judge believes she is abducted, he should handle the case at that level as a criminal offence. There is no need to bring in religion and humiliate the young woman. This is just an invitation to divide people and bring in the religious heads to intervene in a personal matter. Incidentally, there was no reference to a non-Muslim male marrying a Muslim woman. The patriarchal mindset even of a secular judiciary believes that only the woman has to convert.

At this rate, the Deoband edict could well reach some high court in the country and we might have an Indian judge pronouncing that Muslim women in the work-place goes against the Sharia and therefore will be kept out of any professional role.

The state and religion are two entities and it is the business of both to protect all its citizens and members. Women are not lesser human beings and if we are expected to perform our duties, we are also in a position to demand our rights. And our rights include non-interference of the state and religion in matters of our well-being.

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Updated on May 13 around 6.30 PM IST:

The role of the state and religion had come to the fore with regard to such religious edicts when P.Chidambaram applauded some maulvis on their stand against terrorism.

Here is an extract from my earlier piece The Farce of Fatwas:

Have the Jamiat or the Darul-uloom ever come to the forefront and fought for the dispossessed within the community? What has been the role of religious organisations during times of riots and such crises? Do they work with traumatised victims as human beings and not merely god’s soldiers? Give us the instance of a single head of such an organisation who is leading such proactive movements. They merely pontificate and pronounce edicts. The opinion of a handful of maulvis cannot be elevated to a diktat.

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Updated on May 14, 5.25 PM IST:

Why does the TOI insist on using pictures such as these when talking about Muslim women in Mumbai? How many women dressed in this manner do you see even in the mohallas? They did it in the initial report and this one is in today's paper where the topic of discussion is the Urdu press opposing the fatwa. So, in effect, TOI is following in the footsteps of the Deoband. Why am I not surprised?