Fatwas and Muslim Women

The Supreme Court of India recently ruled that “Fatwa ... has no place in independent India under our Constitutional scheme. It has no legal sanction and cannot be enforced by any legal process either by the Dar-ul-Qaza issuing that or the person concerned or for that matter any body.” However, it did not grant the prayers of the Petitioner declaring that the movement / activities being pursued by All India Muslim Personal Law Board and other similar organizations for establishment of Muslim judicial system and setting up of Dar-ul-Qazas and Shariat Courts in India were absolutely illegal and unconstitutional. The fatwas issued by Dar-ul-Ifta draw on medieval interpretations of Islam and are generally against a gender-just reading of Quran. This is because the gates of ijtehad were closed by various schools of jurispudence in Islam. In this paper, I argue that the gates of ijtehad need to be opened up to understand the Quranic message in the present context.