State proposes improvement in Qazi system

Hyderabad, Feb 4 : A one day conference on the need of framing rules and sub rules under the Qazi Act 1880 was held here today under the aegis of Minorities Welfare Department, Government of Andhra Pradesh.

A galaxy of luminaries of Muslim community including important religious scholars, Public Representatives, Legal Experts, Bureaucrats, Clergy participated in the deliberations and gave suggestions to improve the functioning of the Qazi System in the State.

Special Secretary to Government Syed Omer Jaleel initiated the debated by highlighting the need of framing rules and sub rules in the Qazi Act 1880, which consists of just two pages and four clauses only. He said that the conference would consider the ways and means to safeguard and computerize the record of Qazis, Issuance of certificates in two languages besides checking the increasing number of divorce cases. He said that the suggestions and recommendations of the conference would be placed before a committee to be constituted by the department and later on submitted to the Government.

Minorities Welfare Commissioner Shaik Mohammed Iqbal requested the Qazis to highlight important issues relating to marriage and divorce at the time of performing marriages.

State Minorities Commission Abid Rasool Khan expressed the hope that the conference would find ways and means to improve the functioning and image of Qazis and provide facilities to the general public.

Moulana Hafiz Peer Shabbir Ahmed MLC and President of Jamiat Ulama AP said that Syed Ahmed Kazmi and Moulana Syed Asad Madani had presented amendments in the Qazi Act in the Parliament, which are still pending. He suggested that the proposed amendments be kept in mind while framing rules.

Moulana Syed Akber Nizamuddin Chancellor of Jamia Nazamia presented in detail the status of the Qazi system in the state, particularly the Telangana region. Prof. Ahmedullah Khan former Principal of Law College Osmania Unversity said that there is no provision of framing rules under the Act.

TDP MLC Mohammed Saleem advised the Wakf Board to increase the staff for proper maintenance of records. Moulana Syed Gulam Afzal Biyabani former Chairman AP State Wakf Board said that rights were accorded to the Qazis by royal decrees.

Moulana Syed Qubool Pasha Qadri Shuttari, Secretary, Majis Ulama-e-Deccan, said that any effort to change in the Marriage booklet would be strongly opposed by Ulama. Sabiha Siddiqi and Aqeela Khamoshi also gave some suggestions and presented the women’s point of view regarding these issues.

Retired judge Justice E. Ismail advised the Muslim Community to solve their family problems, out of court, amicably and suggested to include a clause in the marriage booklet to this effect.

Shia scholar Moulana Syed Naqi Najafi said that able Qazis should be appointed. Moulana Mufit Syed Abdul Rasheed, representing Moulana Khusro Hussaini Sajjada Nasheen of Dargah of Gulbarga, said that a separate booklet should be provided by the Wakf Board to bring awareness among the community, particularly the young couples on the rights and duties of husband and wife. Hamid Mohammed Khan of Movement of Peace and Justice said the Qazis should be aware of the modern issues. Aamer Khan of Sadae Haq Sharayee Council said that the family disputes should be settled by counseling.

Adil Mohammed Khan of Anjuman-e-Mehdavia also favoured the suggestion of out of court settlement of family disputes according to Shariah.

Moulana Mufti Mohammed Azeemuddin Sader Mufti Jamai Nizamia, demanded powers of Qazis for settlement of family matters and said that after snatching away powers from Qazis by the British the problems shot up.

Mohammed Shafeeq-uz-Zaman, former Special Chief Secretary to Government, said that under the Qazi Act Muslims should settle the family disputes and decide the matter of annulment of marriage as per Shariah. Giving details of his experiences with the subject he elaborated certain issues relating to appointment, hereditary status and fees of the Qazis.

Former Law Secretary Hasanuddin Ahmed also presented concrete proposals for framing the rules.

Six working groups were constituted to undergo in depth the various aspects of the Qazi Act and the problems relating to performance of marriage, divorce and annulment of marriage. During the deliberations by these groups it was decided to open a Marital Counselling center in the office of the Wakf Board at Nampally, which would start functioning from February 15.

Charminar MLA Syed Ahmed Pasha Qadri MLA, eminent lawyer Shafeeq Mohajir, Moulana Hissan Farooqi, Hazrat Khaja Syed Sha Arifullah Mohammedul Hussaini of Kadapah Dargah, Shia Scholar Moualna Syed Waheeduddin Haider Jaferi, Moulana Syed Shah Fazalullah Qadri, Qazi Mohammed Ikramullah, Major GM Qadri, Moulana Mohammed Hussamuddin Jafer Pasha Moulana, Moulana Ahsan Alhamomi, Faiz Mohammed Asgar Editor Tabarak News Service and others also participated in the conference. INN