The verdict of a shariah court is binding: Usmani

Ameen Usmani is secretary of Islamic Fiqah Academy, one of the most important organizations working on Islamic Fiqh (jurisprudence) in the country. Here in this interview with NDChronicle.Com's U Rehman he clarifies about the role of Darul Qazas or shariah courts as they are generally known and throws light on the important role being played by these courts in dissemination of justice on family matters in Indian Muslim society. Excerpts: 

Q- What are the general conditions of these sharia courts?
Ans. First of all I have to clarify that there is difference between Mufti and Qazi. You must differentiate between the two. Only Qazi is entitled to take decision in cases which come before Darul Qaza.
The Indian Muslims have very limited number of Darul Qaza in different parts of the country. Some Darul Qaza were established before partition of India but most of them were established after Independence. The first darul qaza was established in te country in 1921 when Imarat-e-Sharia'ah of Bihar (Orissa) started its work in this direction. The Darul Qaza are doing a wonderful job if they wherever they have at their disposal experienced and well educated Qazi's.

Q- What are the precise conditions under which these courts?
Ans. There are many problems being faced by Darul Qaza today. Darul Qaza are not well funded so sometimes Darul Qaza function from rented rooms, sometime in a madrasa compound and sometimes without sufficient facilities. At times a teacher of a Madarsa also doubles as a Qazi. Lack of funds is a major hurdle in the efficient functioning of a darul qaza. I must emphasize once again that Darul Qaza work under severe strain.

Q- What significant changes have occurred in these courts since these were first established in the country?
Ans. There is no change in the actual work of these Darul Qaza in any phase or in any time; there is no hurdle in their ways. The principles of Qaza never change and the system or the styles of working never changes.

Q-How have these courts impacted on the lives of Muslims in areas where they are working?
Ans. The Darul Qaza work in a limited area. If someone approaches Qazi or puts his case before Darul Qaza, then Qazi moves to solve the issue, otherwise there is no work of Qazi. A Qazi as a teacher, as a Khateeb or Imam, as a religious guide can do a lot of work for the re-formation of the society in Dawa'ah field, to educate the new generation. So, if Qazis have time or opportunity to work in different areas they can do, but they are not forced to do all these work. In the past the position of Qazi in the society or in state was very high. But now a days in a country like India the situation is different.

Q-Have these courts made justice accessible and easily available to the common Muslims in a country where 30 million cases are pending with different Indian courts?
Ans. Yes, these Darul Qaza are providing justice according to Islamic Law and it is very easy and cheap for a common man to get justice through the Qaza mechanism.

Q-As the verdicts of these courts are legally not binding on common people do people still take them seriously and follow the verdicts of the muftis of these courts? 
Ans- The verdict of Darul Qaza is binding legally on the person who approached Qazi for the justice because Qazi is delivering this verdict according the Islamic Jurisprudence. So how anyone can claim that it is not binding. Finally, the verdict of Qazi is binding and the parties must obey the order of Qazi.
Perhaps the opinion of a Mufti (not Qazi) is not binding

Q-What sorts of cases usually come for hearing? Are these confined only to nikah. Talaq and warasat (inheritance) or people also come here for even more complicated cases?
Ans. Yes, generally cases related with Tafreeq, Fasqh, Nikah, Talaaq, Khula, Wirasat, Hizanat and Nafqah come before Darul Qaza for hearing.

Q- How have muftis of these sharia courts responded to the developments having taken place in different parts of the world regarding fiqh and shariah?
Ans- Here in India the majority of the Muslims are from Hanafi school of thought and so most of Qazi's are followers of the Hanafi School of thought or from the Deoband School. So, they are very much confined to work in traditional pattern.

Q-Do the muftis in these shari courts use ijtihad when they come across perplexing and newer problems?
Ans. This issue is related with the training of the Qazi and his understanding level and mind setup. So, if the new literature from the Islamic countries on Qaza is available then he can study and utilize the available materials. Otherwise the books on the Islamic Sharia'ah are enough.

Q-Do they have access to the new and newer fiqhi work taking places in the Middle East, Europe and America?
Ans. This question is also related with the availability of the required literature.

Q-What pragmatic mechanisms and measures can be adopted by the Muslims and the state to improve the functioning and quality of these courts?
Ans. Actually the only Ameer (Sharee) has right to appoint the Qazi according to Islamic Law and here in India there are so many Imarat-e-Sharia'ah which are working in different states like Karnataka, Andhra Pradesh, Bihar, Orissa etc. and it is assumed that the President of All India Muslim Personal Law Board (AIMPLB) also is a Ameer and he can appoint a Qazi and establish Darul Qaza. The only thing which the Muslims need is to increase the activism in this field through the Darul Qaza committee of All India Muslim Personal Law Board.