Various news outlets have reported about a fatwa against 16-year-old Nahid Afrin who sang songs against Islamic State terrorism. TOI’s headline says, “46 Assam mullahs issue fatwa against singer Nahid Afrin”,
Khaleej Times headline reads, “46 clerics issue fatwa against 16-year-old singer Nahid Afrin.”
While defence.pk has reported the news under the headline,” 46 Assam Muslim clerics issue fatwa against 16-year-old singer Nahid Afrin who sang against IS”
Whether one calls them Islamic scholar, Cleric or Mullah it is all the same, and to Kuffars i.e Infidels/Non-believers, it doesn’t make a difference and neither are outsiders someone to define and declare what Islam is to the community, it is the job of the insiders.
However, as Indian citizens, one may wonder how does it matter if 46 people write something on a piece of paper and circulate it? How can that affect an Indian citizen, who is protected under the laws of a Democratic, Republic and a Secular country? True, it should not matter, but it does, let us see how laws fall short and stand helplessly before Fatwas.
Laws cannot take the right of association, so if the whole community decides to disassociate with the person and her family, there is not much government can do.
If the cleric refuses to perform the last rites or marriage or other such rituals for a person with a fatwa against her, no one can force a cleric against his will.
What if not just last rites, but burial grounds are denied? Most burial grounds are directly under or managed by mosques, many are under WAKF board which is a constitutional board solely operated by Muslims alone.
In some cities, graveyards are managed by the Municipal corporations too.
One can fight a long legal battle to get the right, but often than not commoner would rather choose to belong to the community and have an easier life.
This makes 16-year-old Nahid Afrin’s act as an act of bravery and fearlessness.
While courts have stated on many occasions that fatwas have no legal power or sanctity, clerics who issue such fatwas get their salaries from government bodies or funds for madrassas. While Law is common for all it is only common for criminal laws… under the garb of religious freedom and minority protection, personal laws empower such clerics.
But the question is – Are the Islamic scholars/clerics wrong? and if wrong, then wrong according to the religious doctrine or constitution of India?
Renowned Islamic scholars, since the inception of Islam have interpreted Holy books and clarified meanings for the followers of the religion and guided them and enforced the sanctity of the religion.
Al-Qaasim (may Allaah have mercy on him) said: Singing is part of falsehood. Al-Hasan (may Allaah have mercy on him) said: if there is music involved in a dinner invitation (waleemah), do not accept the invitation (al-Jaami by al-Qayrawaani, p. 262-263).
Al-Tabari (may Allaah have mercy on him) said: The scholars of all regions are agreed that singing is makrooh and should be prevented.
“Music is the alcohol of the soul”. – Ibn Taymiyyah.
Ibn Taymiyyah’s views have influenced twentieth-century Islamic revivalists like Abul Ala Maududi and Sayyid Qutb.
It is even said that “Thirdly, using music is one of the customs of the kuffaar, and it is not permitted to imitate them, especially with regard to something that Allaah has forbidden to us in general, such as music. (al-Saheehah, 1/145)”
Fatwas may not have legal power but it has power over the social life of those who wants to be part of the religion. Clerics indirectly derives their power from the Constitution and various government policies.
Fatwas don’t matter to those, to whom belonging to the religion doesn’t matter.
