Deobandi fiqh

Deobandi fiqh emphasizes a strict adherence to the Quran and the Sunnah (the traditions of Muhammad), and seeks to ensure that all aspects of daily life are guided by Islamic law.

[1] It is the process of understanding and interpreting the sources of Islamic law, which include the Quran, Sunnah (the actions and sayings of Muhammad), the consensus of the scholars (Ijma), and analogical reasoning (Qiyas), in order to derive legal rulings for specific situations.

Deobandi fiqh emphasizes a strict adherence to the Quran and Sunnah, and follows a methodology of legal reasoning that is based on the principles and teachings of Imam Abu Hanifa, the founder of the Hanafi school.

[4] However, in the late 19th century, there was a significant revival of interest in Islamic scholarship in India, leading to the establishment of many new madrasas, among them Darul Uloom Deoband, which became the center of the Deobandi movement.

After his death, this task was taken on by other teachers until, due to the growing number of people seeking answers, a separate department of fatwa was established within the madrasa in 1892 under the name of Darul Ifta.

[9] The Academy conducts research, publishes papers and books, and organizes seminars and conferences on a wide range of topics related to Islamic law and its modern-day applications.

One such publication is Bayyināt, a monthly magazine published from Jamia Uloom-ul-Islamia in Pakistan that primarily focuses on topics related to the Deobandi school of thought.

While The Majlis has faced criticism for promoting intolerance and extremism, it still holds a significant following among conservative Muslims in South Africa and has been influential in shaping the discourse surrounding Islam in the country.

[11] Additionally, AlKawsar, a research-oriented monthly magazine published from Bangladesh and associated with Markazud Dawah Al Islamia, has gained recognition for its high-quality publications since its establishment in 2005.

[13] The methodology of Deobandi fiqh is largely based on the principles and teachings of the Hanafi school of thought, which emphasizes the importance of scholarly consensus (ijma), analogy (qiyas), and legal reasoning (ijtihad) in the interpretation and application of Islamic law.

Deobandi scholars view Taqlid as an important means of ensuring that Islamic law is properly followed and interpreted, especially for those who do not possess the requisite knowledge and expertise to engage in Ijtihad.

Another prominent work is Ahsan al-Qira fi Tawziḥ Awthaq al-Ura, a treatise on the Friday prayer in villages, authored by Mahmud Hasan Deobandi.

Some examples of the works written by Deobandi scholars on Uṣūl al-fiqh include Fusool al-Hawashi by Maulavi Ainullah, which is an explanatory commentary on the famous book of Hanafi Fiqh, Al-Hidayah.

[36] Another example of Deobandi works on Uṣūl al-fiqh includes Ijtihad awr Taqlid ka Akhiri Faisala by Ashraf Ali Thanwi, compiled by Zaid Mazahiri, which discusses the final decision on following an Imam and making an independent interpretation.

Other notable works of modern fiqh literature include Halal-o-Haram (Lawful and Unlawful) by Khalid Saifullah Rahmani and Islami Bankari ki Bunyadein (Foundations of Islamic Banking) by Taqi Usmani.

Mujahidul Islam Qasmi has edited several collections of research papers, including Shares awr Company, Darurat-o-Hajat, Jadīd Tijarati Shaklain, Awqaf, and Mabāḥith-e-Fiqhiya, which cover topics ranging from endowments to modern business modes.

[43] Deobandi scholars have also been involved in working on Fiqh manuscripts, including the publication of Fatawa Tatarkhaniya, a comprehensive thirty-volume collection of Islamic jurisprudence that was edited by Shabbir Ahmad Qasmi of Madrasa Shahi in 23 thick volumes.

[44] Additionally, there is Sinwan al-Qaza Wa Unwan al-Ifta, a book on judicature written by Qazi Emadudeen, which was published in four volumes by the Kuwait Ministry of Awqaf and Islamic Affairs.

[45] Another influential scholar, Ashraf Ali Thanwi, issued a fatwa on the topic, acknowledging that while English, like any other language, is not inherently evil, the circumstances surrounding its learning should be taken into account.

Thanwi noted that if a Muslim can avoid the potential harms of learning English, such as exposure to non-Islamic sciences or irreligious individuals, and if the intention is to earn a lawful livelihood, then it is permissible.

The Deoband Fatwa against Terrorism was welcomed as a positive step towards countering the misuse of religion to promote violence and emphasized that the true teachings of Islam advocate peace, compassion, and non-violence.

In a country that has experienced a number of high-profile terrorist attacks in recent years, the fatwa was seen as an important step towards countering extremist ideology and promoting a message of peace and tolerance.

[51] In 1979, Iran experienced a Shiite Iranian Revolution, which led to the publication of Irani Inqilaab Imam Khumaini Aur Sheeyat by Manzoor Nomani in 1984.

The book, prefaced by Abul Hasan Ali Hasani Nadwi, aimed to dispel misunderstandings held by Shiites from an Islamic perspective and called for vigilance against them.

To preserve historical records of the seminary and make them more accessible to scholars and researchers, Darul Uloom Deoband has decided to digitize hundreds of thousands of fatwas that have been issued since 1866.

In 1942, the governor of Kalat instructed the head of Jamia Nasiriya to select thirty academically advanced students to send to Darul Uloom Deoband for further study.

Founded by Darul Uloom Deoband's rector Qari Muhammad Tayyib, this Deobandi-dominated organization has a long history of advocating for the Muslim Personal Law in India.

It also highlighted the tensions between the AIMPLB and the Indian state, particularly the Congress government led by Rajiv Gandhi, which sought to introduce reforms in the Muslim Personal Law.

However, the proposal sparked controversy as some critics raised concerns that it could undermine the authority of the Indian legal system and potentially result in the imposition of severe punishments that violate human rights.

[75] The Appellate Division invalidated the High Court's ruling, citing the fact that the existing law did not fully consider all aspects related to individuals, families, and social life.

Masjid-e Rashid, Darul Uloom Deoband
Fatawa Darul Uloom Deoband
Farid Uddin Masood , a prominent Deobandi scholar from Bangladesh
Ahmad of Kalat (left) pictured next to his ADC Captain Shafaat Ullah Shah (middle) and Prime Minister of Pakistan Zulfikar Ali Bhutto (right).
Abdul Hakim Ishaqzai , Chief Justice of Islamic Emirate of Afghanistan , a graduate from Darul Uloom Haqqania , a Deobandi madrasa in Pakistan.
President Muhammad Zia-ul-Haq (right) in Meeting with President Ronald Reagan (left) in Oval Office.