As days passed by this system continued and even prospered under the various foreign rules in our country. Even under the British power though there was enactment of law, the process of issuing fatwas or religious decrees amidst the Muslims continued, as it is very difficult to subvert the process that is held in high esteem by the religious-headed people.
What we deeply regret is despite gaining independence for almost seven decades and having our own form of governance, some things have not changed for the worse. Even today we witness fatwas being issued and people coerced to abide by them to prove the power of the esteemed bodies, and some of them are simply unacceptable.
To cite some instances, a fatwa was issued to a woman who was raped by her father-in-law, to treat her husband as her son. Are we to honour such orders? Can the girls be forced to keep away from jeans or tight-fitting clothes by issuing such fatwas? Can married couples be ordered not to use condoms for family planning? Or more ridiculously can people be compelled not to opt for insurance policies arguing that it amounts to gambling which is un-Islamic?
Any rational person would reject all these decrees but when you are overpowered under religious duress you become desperate. It is in this context that we welcome the path-breaking ruling of the Supreme Court.
The court while not curtailing the powers of the religious denominations in issuing fatwas has ruled that none of the fatwas would have legal sanctity and not be binding on the people, simply because it would amount to infringement on their liberty and dignity enshrined in the Constitution, and any enforcement would be illegal and liable to be dealt under the law.
The ruling would pave way for some order in the society, since the people would be able to tread without being hounded.
