Deobandi fiqh

Bid'ah, meaning innovation in Islam, is any recently introduced belief or practice that does not align with established Islamic teachings or traditions. This deviation from the Sunnah, or the way of the Prophet Muhammad, is generally considered negative. The concept of Bid'ah in Islam has several classifications, with Bid'ah Hasanah (praiseworthy innovation) and Bid'ah Sayyiah (blameworthy innovation) being the most common. The Deoband school, founded during the Indian reformist tradition, contributed to this reform of Bid'ah. While opinions on the definition of Bid'ah vary among different scholars and schools of thought, the Deobandi concept of Bid'ah is specific and limited. Rashid Ahmad Gangohi referred to Shah Muhammad Ishaq's definition of Bid'ah via Arbain: "Any practice not reported from the salaf (ancestors) as ibadat (a religious duty) that is performed as ibadat is bidat." Gangohi rejected the classification of good and bad Bid'ah, saying "There is no Bid'ah as a good Bid'ah. The one called good is actually the Sunnat."[14] Ashraf Ali Thanwi concurred, saying a real Bid'ah would always be bad, and the good Bid'ah is Bid'ah only in form, but in reality, it is Sunnat because it is part of some general principle of religion. According to Thanwi, Bid'ah is defined as accepting any matter that is not part of religion (din) in particular or in general, as part of din by way of acknowledgment or practice.[15]

Taqlid and Ijtihad are two important concepts in Islamic law that govern how legal opinions are derived and applied. While there are different views on their relative importance, both Taqlid and Ijtihad have a role to play in ensuring that Islamic law is properly interpreted and applied in accordance with the sources of law. Taqlid is widely accepted in Islamic scholarship as a valid approach to legal interpretation and application, especially for laypeople who do not have the necessary knowledge or expertise to derive legal opinions from primary sources. On the other hand, Ijtihad is also widely recognized as an important means of adapting Islamic law to new contexts and challenges. Ijtihad involves independent legal reasoning, where a qualified scholar uses the sources of law to derive new legal opinions in situations where there is no clear precedent or guidance. This can involve analogical reasoning (qiyas), where the scholar draws analogies between existing legal rulings and new situations, or other forms of reasoning. There are different views on the relative importance of Taqlid and Ijtihad in Islamic law. Some scholars and schools of thought emphasize the importance of Taqlid, viewing it as an essential means of preserving the coherence and integrity of Islamic law. Others view Ijtihad as a necessary means of adapting Islamic law to new contexts and challenges, and believe that Taqlid should be applied with caution and flexibility. The Deobandi School of thought, for example, emphasizes the importance of Taqlid, especially strict adherence to the Hanafi School of jurisprudence. 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. They also believe that Ijtihad is necessary for the evolution of Islamic law, but should be undertaken with caution and respect for the traditions of Islamic scholarship. Rashid Ahmad Gangohi, emphasized the obligation of Taqlid, citing the Quranic verse that states, "Ask the people of knowledge if you do not know." (16:43) He also distinguished between individual and non-individual Taqlid, where individual Taqlid involves following the opinion of one scholar in all matters of importance, and non-individual Taqlid involves inquiring of any scholar, whom one likes.[16] Similarly, Ashraf Ali Thanwi, defined Ijtihad and Taqlid as follows. He stated that legally reliable qiyas (analogical reasoning) could either be that of every person in whatever he thinks or only of some persons. However, it is evident that not everyone's qiyas is reliable according to the Quranic verse that states, "If they had referred it to the prophet and the people of authority from among themselves, those who are able to think out the matter would have known it."(4:83) Therefore, there are some persons whose qiyas is reliable and some whose qiyas is not reliable. One whose qiyas is reliable is called mujtahid and mustanbit, and others are called muqallid. Hence, it is obligatory for a muqallid to follow a mujtahid.[16]

Fatawa Darul Uloom Deoband

Deobandi Fatwa literature comprises compilations of Islamic legal opinions (fatawa) issued by scholars of the Deobandi school of thought. These fatawa offer guidance on various aspects of Islamic law, including worship, transactions, marriage, inheritance, and other important issues. Among the most famous works of Deobandi Fatawa literature is Fatawa-e-Rashidiya, written by renowned scholar Rashid Ahmad Gangohi. This comprehensive collection of legal opinions covers a broad range of topics, including worship, marriage, trade, and inheritance, and is highly respected for its detailed and nuanced analysis of legal issues.[31] Other notable works include Imdad al-Fatawa by Ashraf Ali Thanwi, Fatawa Mazahir Uloom by Khalil Ahmad Saharanpuri, Kifayat al-Mufti by Kifayatullah Dehlawi, and Fatawa Darul Uloom Deoband and Fatawa Imarat-e-Shariyah, both collections of legal opinions issued by scholars of prestigious Islamic institutions.[32]

Muhammad Shafi Deobandi authored Imdad-al-Muftiyyin and Jawahir al-Fiqh, both considered his most comprehensive works on the subject. The former is a compilation of his fatwas on various topics, while the latter is a seven-volume collection of his detailed legal opinions. Fatawa Mahmoodiyah is a multi-volume work by Mahmood Hasan Gangohi, covering a wide range of topics related to Islamic law. Another notable work is Imdad al-Ahkam by Ashraf Ali Thanwi, which is considered an authoritative reference in the Deobandi school of thought. Muntakhabat-e-Nizam al-Fatawa is a collection of selected fatwas issued by Nizamuddin Azami, and Ahsan al-Fatawa is a comprehensive collection of religious rulings compiled by Rashid Ahmed Ludhianvi.[32]

Deobandi Fatwa literature also includes various collections of fatwas authored by prominent scholars of the Deobandi school. These collections include Imdad al-Muftiyin by Shaft Sahab Usmani Deobandi, Fatawa Shaikh-al-Islam by Hussain Ahmed Madani, Khair al-Fatawa by Khair Muhammad Jalandhari, Nizam al-Fatawa and Fatawa Nizamia by Nizamuddin Azami, Fatawa Rahimiya by Abdur Rahim Lajpuri, Fatawa Haqqaniyah by Abdul Haq Akorwi, Fatawa Mufti Mahmud by Mufti Mehmood, Fatawa Qadi by Mujahidul Islam Qasmi, Ap ke Masayil awr unka Hal by Yusuf Ludhianvi, Thaminat al-Fatawa by Muhammad Ya'qub Sharodi of Pakistan, Fatawa Faridiyah by Muhammad Farid Pakistani, Fatawa Ihya al-Uloom by Yasin Mubarakpuri, Jami' al-Fatawa by Meharban Ali Barotwi and Ishaq Multani, Fatawa Usmani by Taqi Usmani, Marghüb al-Fatawa by Marghoob Ahmad Lajpuri, Mahmud al-Fatawa by Ahmad Khanpuri, Habib al-Fatawa by Habibullah Qasmi, Kitab al-Fatawa by Khalid Saifullah Rahmani, Fatawa Habibiya by Habibur Rahman Khairabadi, Kitab al-Nawazil by Muhammad Salman Mansūrpuri, Kitab al-Masayil by Muhammad Salman Mansūrpuri, Fatawa Qasmiya by Shabbir Ahmad Qasmi of Morādābād in 26 volumes, Din-e-Fitrat: Ap ke Masayil awr unka Hal by Azizur Rahman Fatehpuri, Fatawa-e Rahmania by Mansurul Haq, and Fatawa-e Jamia by Jamia Islamia Yunusia, Fatawa-e Faqihul Millat by Abdur Rahman Chatgami, Fatawa-e Darul Uloom Hathazari by Darul Uloom Hathazari, Fatawa o Masail by Abdus Salam Chatgami, Ahkame-e Zindegi by Hemayet Uddin and Fatawa Ulama-e-Hind by Anisur Rahman Qasmi.[33]

In addition to the extensive collection of fatwas, Deobandi scholars have produced countless pieces of literature on both general and specific fiqh topics. One of the most notable works in this tradition is Talifat-e-Rashidiya, a collection of treatises by Rashid Ahmad Gangohi. 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. For women, Bahishti Zewar is a popular book containing fiqh and other issues, written by Ashraf Ali Thanwi. The famous series of books for children, Talim al-Islam, is another notable work from the Deobandi tradition. It contains fiqhi issues in a question-and-answer style and is authored by Kifayatullah Dehlawi. Kitab al-Faskh wa-al-Tafriq, a book on the annulment of nikah, is authored by Abd al-Samad Rahmani, and Mutid al-Warithin is a book on inheritance authored by Asghar Hussain Deobandi. Asghar Hussain Deobandi has also compiled a book of fatwas given by the Prophet himself in Fatawa Muhammadi, as well as authoring Mirath al-Muslimin. For those undertaking the Hajj, Ahkam-e-Hajj, authored by Muhammad Shafi Deobandi, is a useful resource. Compendiums of Islamic law regarding Muslim Personal Laws in India include Islami Adalat by Mujahidul Islam Qasmi and Majmu'ah Qawanin-e-Islami by Minnatullah Rahmani and others. Idah al-Masalik, a book on different fiqhi issues, is authored by Shabbir Ahmad Moradabadi, while Idah al-Manasik is a book on rulings of Hajj and Umrah by the same author. Rif'at Qasmi authored Masayil Rifat, a series of books on various topics of Fiqh in seven volumes. Other works on specific issues include Masayil Sajdah Saho by Habibur Rahman Khairabadi, which addresses rulings related to errors in Salah, and Ahkam Luhüm al-Khail by Badrul Hasan Qasmi, which discusses rulings related to horse meat. Fatawa Tatarkhaniya of Alim Abul Ala al-Dehlawi, edited by Qādi Sajjad Hussain in five volumes, and Fatawa Tatārkhāniya of Alim Abul Ala al-Dehlawi, edited by Shabbir Ahmad Qasmi in 20 volumes, are both notable works in the Deobandi fatwa literature. Mukhtarat al-Nawazil of al-Marghinani, edited by Khalid Saifullah Rahmani and others in four volumes, and Qamus al-Fiqh, a dictionary of Fiqh, by Khalid Saifullah Raḥmāni in five volumes, are also important works. Burhanuddin Sambhali addresses social issues in his book Mu'ashrati Masayil.[34]

Uṣūl al-fiqh is a foundational area of Islamic jurisprudence that studies the principles and methodology behind the derivation of Islamic legal rulings. Deobandi scholars have authored numerous valuable works on Uṣūl al-fiqh. 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.[35] Qawaed al-Fiqh by Khalid Saifullah Rahmani is an introduction to the principles of Islamic jurisprudence that covers topics such as the sources of Islamic law, the different types of evidence used in Islamic legal reasoning, and the principles used to derive legal rulings from the sources.[35] Fiqh-e-Hanafi K-e-Usool Wa Zawabit by Ashraf Ali Thanwi covers the principles and rules of Hanafi Fiqh, providing a detailed explanation of the methodology used in Hanafi Fiqh and the principles that govern its legal rulings. Uṣūl al-fiqh by Manazir Ahsan Gilani is a detailed introduction to the principles of Islamic jurisprudence that covers topics such as the sources of Islamic law, the different types of evidence used in Islamic legal reasoning, and the principles used to derive legal rulings from the sources.[35] Tasheel al-Uṣūl by Riyasat Ali Bijnori and Saeed Ahmad Palanpuri is a concise introduction to the principles of Islamic jurisprudence that covers the sources of Islamic law, the different types of evidence used in Islamic legal reasoning, and the principles used to derive legal rulings from the sources. Uṣūl al-fiqh by Obaidullah Asadi is a classic text on the principles of Islamic jurisprudence that provides a comprehensive and systematic explanation of the foundational principles of Islamic law. A'san Uṣūl al-fiqh by Khalid Saifullah Rahmani is a concise and informative overview of Uṣūl al-fiqh that provides an easy-to-understand explanation of the principles of Islamic jurisprudence, and Al-Qawaed al-Fiqhiya al-Mahmoodia by Abul Kalam Shafeeque is a valuable book that discusses all areas of the principles of jurisprudence in a comprehensive and detailed manner.[35] Imdad al Fiqh by Mehraban Ali Barotvi is a short yet comprehensive book that aims to simplify the memorization of terms related to Uṣūl al-fiqh, providing a comprehensive list of the terms used in Islamic jurisprudence, their definitions, and their usage. Islami Adalat by Mujahidul Islam Qasmi is a book that exclusively deals with the matter of Islamic verdicts in the Islamic court, shedding light on the history of the Islamic judiciary and discussing the necessary conditions of deduction and inference.[35] Usul al-Ifta wa Adabuhu is a comprehensive guide to the principles and etiquette of issuing fatwas in Islamic law, authored by Taqi Usmani.[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. Muqaddimah Nur al-Idah by Izaz Ali Amrohi is the preface of the fiqhi textbook Nur al-Idah. Tadwin-e-Fiqh by Zafeeruddin Miftahi is the preface of Fatawa Darul Uloom Deoband. Ijma awr Qiyas ki Hujjiyat by Jamil Ahmad Sikrodwi talks about the authenticity of consensus and analogy. These works provide a detailed explanation of the methodology used in Islamic jurisprudence and the principles that govern its legal rulings.[37]

Dars-i Nizami is predominantly followed in Deobandi madrasas, and includes various texts on Fiqh that have attracted the attention of Deobandi scholars. Many of these texts have been accompanied by notes, translations, or commentaries authored by these scholars. One such text that has been extensively commented upon is Al-Hidayah, with several renowned scholars having authored detailed commentaries on it, including the 16-volume Ashraf al-Hidayah by Jamil Ahmad Sikrodawi.[38]

According to scholars, there are approximately 500 verses in the Quran that relate to Islamic rulings. Fiqh al-Quran is a branch of Islamic jurisprudence that deals with instructions and rulings for Muslims in the Quran. Ahkam al-Quran, written by Al-Jassas and Abu Bakr ibn al-Arabi respectively, are two renowned works on this topic.[39] Deobandi scholars have also contributed significantly to this field, including the compilation of a lengthy and voluminous collection of a book entitled Ahkam al-Quran, by Zafar Ahmad Usmani, Muhammad Idris Kandhlawi, Muhammad Shafi Deobandi, and Jameel Ahmad Thanwi.[40] Ashraf Ali Thanwi's Masael al-Sulook is another important work on the subject, which discusses the rulings and etiquettes of Sufism and spirituality.[40] Tafsir books written by Deobandi scholars also deal with the subject of Fiqh al-Quran, with Muhammad Shafi Deobandi's Ma'ariful Qur'an being one of the most prominent works that elaborates on the verses pertaining to fiqhi issues and explains them in detail.[39]

Fiqh al-Hadith is the study of Islamic jurisprudence based on Hadith literature. Deobandi scholars have made significant contributions in this field. They published I'la al-Sunan, an encyclopedia of Hadiths related to fiqhi rulings, and edited and published many old books written by earlier Hanafi scholars, such as Bughyat al-Alma'i fi Takhrij al-Zaila'i, Al-Hujjah 'ala Ahl al-Madīnah, Sharh Kitab al-Athar, Fath al-Rahman fi Ithbat Madhhab al-Nu'man, and Rasool-e-Akram Ka Tariqa-e-Namaz.[40][41] Deobandi scholars' Hadith commentaries generally contain jurisprudential material, such as Awjaz al-Masalik by Zakariyya Kandhlawi, Fayd al-Bari by Anwar Shah Kashmiri, Fath al-Mulhim by Shabbir Ahmad Usmani, Badhl al-Majhud by Khalil Ahmad Saharanpuri, and Maarif al-Sunan sharh Sunan al-Tirmidhi by Yusuf Banuri.[41] One of the important works on Fiqh al-Hadith is Fath al-Rahman Fi Isbat-e-Mazhab al-Noman, authored by 'Abd al-Haqq al-Dehlawi and edited by Nizam-uddin.[41]

Modern fiqh literature covers a range of contemporary issues, such as technology, medical ethics, family planning, and modern economic systems, with the aim of providing a comprehensive understanding of Islamic law and its relevance to modern life. The Ulama of Deoband have contributed significantly to this field by exploring the old fiqh literature and compiling unprecedented classical fiqh literature. Their works have become one of the most important sources of modern fiqh literature. For example, Muhammad Shafi Deobandi wrote Alat-e-Jadida ke Shar'i Ahkam (Shari'ah rulings of modern tools), which explores the Islamic perspective on modern technology. Other notable works of modern fiqh literature include Minnatullah Rahmani's Islam awr Family Planning, which discusses the Islamic approach to family planning. Muhammad Taqi Amini wrote Islām aur Jadid Daur ke Masayil (Islam and the Issues of the Modern Age), which explores a range of modern issues from an Islamic perspective. Taqi Usmani's Fiqhi Maqalat is a collection of research papers on different modern issues of Fiqh, compiled in six volumes. Taqi Usmani wrote several works on modern economic issues, including Islam awr Jadid Ma'ishat w Tijarat (Islam and Modern Economy) in seven volumes and Islam awr Jadid Ma'ashi Masayil (Islam and Modern Economic Issues) in eight volumes. He also wrote Fiqh al-Buyu (Fiqhi Rulings of Business) in two volumes. Badrul Hasan Qasmi's Asr-e-Hadir ke Jadid Masayil (Modern Contemporary Issues) discusses the challenges of modern times from an Islamic perspective. 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. Ubaidullah Asadi's Al-Riba (Usury and Interest) explores the Islamic perspective on interest, while his Taḥdid Nasl awr Islami Ta'limat (Family Planning and Islamic Teachings) discusses family planning in light of Islamic teachings. Burhanuddin Sambhali's Maujūda Masayil ka Shar'i Ḥal provides a Shari'ah-compliant solution to modern economic issues, while his Jadid Medical Masayil tackles modern medical issues. Sambhali's Bank Insurance awr Sarkari Qarde offers insights into Islamic financial principles related to bank insurance and government loans. Khalid Saifullah Rahmani's Jadid Fiqhi Masayil comprise a five-volume collection of modern Fiqhi rulings, while Shabbir Ahmad Qasmi's Idah al-Masayil and Iḍāḥ al-Nawadir are collections of research papers on Fiqhi and modern issues, respectively. 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. Zainul Islam Qasmi's Chand Aham Aşri Masayil is a two-volume work on some of the most important Fiqhi rulings of the modern era.[42]

Deobandi scholars also make noteworthy contributions to the field of Islamic jurisprudence through the authoring of comprehensive encyclopedic books. Inamul Haque Qasmi is one such scholar who has authored several such works, including Hajj Wa Umrah ke Masail Ka Encyclopedia, a four-volume book that covers all aspects of the pilgrimage of Hajj and Umrah, Qurbani Ke Masail Ka Encyclopedia, a comprehensive book that deals with sacrificial-related matters, Zakat Ke Masail Ka Encyclopedia, an encyclopedic book that covers all common and sophisticated issues related to the most valued act of Zakat, Namaz Ke Masail Ka Encyclopedia, a book that delves into various contemporary issues related to daily prayers, and Safar Ke Masail Ka Encyclopedia, a book that encompasses a wide range of rulings related to traveling.[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. Another work is Fiqh al-Nawazil, an old book on Islamic issues that was revived by Khalid Saifullah Rahmani and annotated with footnotes.[44]

During the period of British colonial rule in India, there was a debate among Muslims over the permissibility of Western English education. The Deobandi scholars permitted the learning of English but with certain conditions. Rashid Ahmad Gangohi, a leading Deobandi scholar, allowed the learning of English on the condition that it does not result in any sinful actions or harm to religion.[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. However, if the potential harms outweigh the benefits or if the learning of English is likely to lead to sinful actions or intentions, then it may be prohibited. Ultimately, Thanwi concluded that the permissibility of learning English depends on the situation and circumstances surrounding it.[46]

Farid Uddin Masood, a prominent Deobandi scholar from Bangladesh

In 2008, the Islamic scholars of Darul Uloom Deoband issued a historic Fatwa against terrorism. Backed by over 6,000 Islamic scholars, the Fatwa declared that terrorism is anti-Islamic and that killing of innocent people, regardless of their religion or community, is against the principles of Islam.[47] The Fatwa was issued at a conference attended by thousands of Islamic scholars and was seen as a significant move in the fight against terrorism in India and around the world. 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.[48] It continues to serve as a beacon of hope and inspiration for all those who seek to promote peace and understanding between different communities and cultures.

Another notable Deobandi fatwa against terrorism, named Fatwa of Peace for Humanity, was issued by Farid Uddin Masood, the chairman of Bangladesh Jamiatul Ulama, a prominent Islamic organization in Bangladesh. Under his leadership, in 2016, over 100,000 Islamic scholars from Bangladesh endorsed a fatwa declaring terrorism as "haram" or forbidden, based on Islamic scripture and tradition.[49] The fatwa emphasized that terrorism was a violation of the fundamental values of Islam and called on Muslims to work towards eradicating it. 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.[50]

Islamic finance was first introduced in the 1970s as an interest-free banking system. Its primary objective is to ensure that financial transactions comply with Islamic law or shariah, which means avoiding interest-based transactions, excessive uncertainty or risk, and unethical practices. Islamic banking and finance have received mixed reactions from Muslims. While some have accepted Islamic finance as being in accordance with Islamic law, many ulama view it as equivalent to riba and therefore prohibited in Islam. Prominent Deobandi scholars, such as Taqi Usmani, have engaged globally in articulating Islamic finance theory and overseeing its implementation, authoring many books including An Introduction to Islamic Finance.[51] However, some Deobandi scholars have raised concerns that modern Islamic banking and finance fall short of the minimum requirements needed to make it truly Islamic. They have produced a detailed critique of Islamic banking in a work titled Murawwaja Islami Bankari. In response, Taqi Usmani wrote Ghayr Sudi Bankari, addressing each point made against Islamic banking. The intra-Deobandi debate on Islamic banking has been ongoing for several decades, and there is no consensus among Deobandi scholars on the issue.[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.[52] However, in December 1987, Nomani issued a fatwa branding Shias as Kafir or non-believers. This declaration was endorsed by hundreds of prominent Deobandi scholars in India and Pakistan, including Wali Hasan Tonki, the Grand Mufti of Pakistan, who issued a separate fatwa to the same effect.[53]

Abdul Hakim Ishaqzai, Chief Justice of Islamic Emirate of Afghanistan, a graduate from Darul Uloom Haqqania, a Deobandi madrasa in Pakistan

The Taliban is a Islamic militant group that emerged in Afghanistan in the early 1990s. Their interpretation of Islamic law, known as Sharia, is central to their ideology and political program. They gained control of Afghanistan in the mid-1990s and ruled the country until 2001, when they were ousted by a US-led coalition following the 9/11 attacks. After 20 years of war and a negotiated peace agreement with the US, the Taliban regained control of Afghanistan in August 2021, following the withdrawal of American troops. Since then, they have announced that they intend to establish an Islamic Emirate of Afghanistan, and that Sharia law will be the basis for their governance.[62] The Taliban's interpretation of Islamic law is largely based on the Deobandi school of Islamic jurisprudence and the Taliban's leadership includes many individuals who were educated in Deobandi madrasas (religious schools) in Pakistan and Afghanistan.[63][64] The Taliban's interpretation of Deobandi fiqh (Islamic jurisprudence) is notable for its strict enforcement of Islamic law, including harsh punishments for crimes such as adultery, theft, and murder. The Taliban have also enforced strict dress codes for women, and have banned many forms of entertainment, such as music and television.

President Muhammad Zia-ul-Haq (right) in Meeting with President Ronald Reagan (left) in Oval Office

The Deobandi school of thought has the majority following in Pakistan. Muhammad Zia-ul-Haq, who himself followed the Deobandi school of thought, gave priority to implementing Sunni policies and laws that were in line with Deobandi fiqh during his efforts to Islamize Pakistan.[65] As President of Pakistan from 1977 to 1988, Zia-ul-Haq introduced several measures to create a more Islamic society. These included the Hudood Ordinances, which criminalized certain offenses according to Islamic law; the Zakat and Ushr Ordinance, which made it mandatory for Muslims to pay a tax on their wealth to support the poor and needy; and the Ramazan Ordinances, which made it illegal for Muslims to eat, drink, or smoke in public during the month of Ramadan.[66] He also appointed Sami-ul-Haq, a prominent Deobandi scholar known as the father of the Taliban, as a Senator. Zia-ul-Haq reactivated the Council of Islamic Ideology and established the Federal Shariat Court and Shariat Appellate Bench to ensure that all laws were in accordance with Islamic principles.[66] Leading Deobandi scholars, such as Muhammad Khan Sherani and Muhammad Hanif Jalandhari, have served as members of the Council of Islamic Ideology. Taqi Usmani and Khalid Mahmud, who are also prominent Deobandi figures, have acted as leading judges on the Federal Shariat Court and Shariat Appellate Bench.

Although India is a secular state with a Muslim minority, the country has a separate set of laws known as the Muslim Personal Law, which dates back to the Muslim Personal Law (Shariat) Application Act, 1937. This law pertains to matters such as marriage, divorce, and inheritance for Muslims. The All India Muslim Personal Law Board (AIMPLB) is a non-governmental organization founded in 1973 to protect and defend the Muslim Personal Law in India. The organization was established in response to growing concerns among Indian Muslims regarding the potential erosion of their personal law, and to ensure their right to practice their religion and follow Islamic law. 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.[67][68] The AIMPLB's stance was brought into question during the landmark Shah Bano case of 1985. The organization opposed granting maintenance to Shah Bano, a divorced Muslim woman, on the grounds that it would violate the Islamic Personal Law. This case generated a great deal of controversy and led to a heated debate about the role of Islamic 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. In response, the government passed the Muslim Women (Protection of Rights on Divorce) Act 1986, which overturned the Supreme Court's decision in the Shah Bano case and restricted the payment of maintenance to a limited period after divorce.[69] The AIMPLB has also opposed attempts to introduce a uniform civil code, which would provide a single code of law for all citizens regardless of religion.[70] In 2018, The AIMPLB proposed the establishment of Sharia courts, known as Darul Qaza, in every district of India to offer Muslims an alternative dispute resolution mechanism. 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.[71] Despite criticism from some quarters, the AIMPLB continues to play a significant role in shaping the discourse on the Muslim Personal Law in India. Another notable Deobandi organization in India is Imarat Shariah, which operates in the states of Bihar, Odisha, and Jharkhand, with its headquarters located in the city of Patna, Bihar. Founded in 1921, it is considered one of the most prominent Islamic institutions in India.[72] One of the services offered by Imarat-e-Shariah is Darul Qaza, which are Sharia courts operating within the institution to resolve disputes within the Muslim community according to Islamic law or Sharia.[73] Although the decisions made by Darul Qaza are not legally binding, they are seen as a means for Muslims to resolve disputes in a manner that is consistent with their religious beliefs.[74]

Muhammad Abdul Malek, Mizanur Rahman Sayed

In January 2001, the High Court of Bangladesh issued a verdict banning all types of fatwas.[75] This decision sparked the formation of the "Fatwa Protection Movement" in Bangladesh, led by Fazlul Haque Amini.[76] Ten years later, in 2011, an appeal was heard in the Appellate Division, resulting in a new verdict announced on May 12, 2011.[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. As a result, the Appellate Division acknowledged the potential need for fatwas in certain circumstances and issued a ruling permitting appropriately authorized individuals to issue them.[75] In response, the "National Fatwa Board" was proposed with the cooperation of the top local muftis in Bangladesh. However, the proposal was put on hold when a committee on fatwas was established under the authority of the Al-Haiatul Ulya Lil-Jamiatil Qawmia Bangladesh. The committee included prominent muftis such as Mizanur Rahman Sayed and Muhammad Abdul Malek.[77]