Why is Qazat system under threat in Telangana

Legal troubles have cast a shadow over the Qazat System, which manages and keeps records of the weddings solemnized in Mohammadan society, resulting in Waqf Board may not be in a position to issue certificates of Nikah (Marriage), Khula (Divorce given on the wish of the wife) and Talaq (Divorce) which lead to a crisis. It is notable to point out that the Waqf Board was not entitled to deal with the issue of weddings of Mohammadans as per the Waqf Act.

Anjuman e Qazat (an association of Qazis) and the Waqf Board way back almost 60 years entered into a Memorandum of Understanding to regulate the marriages of Muslims, since then Waqf Board started issuing Booklets to the Qazis for solemnizing weddings. In return, they issue a booklet to couples. The Waqf Board also issues Nikah, Talaq, and Khula certificates based on the booklets issued to marrying parties i.e. bride and groom separately.

Now Principal Secretary of Minorities Welfare Ahmad Nadeem recently issued a new Memo to avoid legal tangle as two Writ Petitions are pending before the Telangana High Court challenging the role of the Waqf Board in the affairs of the Qazis. The recent Memo puts the officials in a bit of a dilemma. They are not in a position to either continue or halt the processing of issuing the certificates.

In case Waqf Board abandon its exclusive section of Qazat, which issues the booklets to Qazis and Marriage/Divorce Certificates to individuals then they will have to face serious difficulties resulting in Qazis will become intractable as the Kazi Act 1880 has only 4 provisions which empower the Government to appoint and suspends the Qazis and Qazis to appoint or suspend their Naib-Qazis (Assistant Qazi). Even rules were not framed under this act so far, to regulate the Qazis and their affairs.

It is important to note that many judgments of the High Court are there which restrain the Waqf Board from regulating the Qazat System or interfering in the affairs of the Qazis in solemnizing the Mohammadan weddings in the light of the Kazi Act 1880 and Waqf Act 1995. There are two more judgments of the AP High Court, which observe that there is no need to solemnize Nikah by a Qazi and every practicing Muslim can solemnize the Nikah of a Mohammadan couple.

The Kazi Act 1880 enacted by the Madras Presidency during British Rule, was adopted by the united Andhra Pradesh government to govern the Qazis in those parts which were not included in the erstwhile Hyderabad Sultanate. In Hyderabad State, a mechanism existed to govern the Qazis and record marriages. There was a foolproof system of Qazat in the Asfa Jahi era, which was developed by the founder of Jamia Nizamia Moulana Anwarullah Farooqui. This system is unique and comprehensive. There is no such mechanism in India. It preserved the record of every marriage solemnized under its jurisdiction from its inception.

In the Asaf Jahi dynasty, details of marriages solemnized were documented. An office of the ‘Inam Commissioner’ (Sadarat-ul-Aalia) used to control the Inams and grants, including the Qazath System. Later it was converted to Nizam Atiyath to look after Religious Services. In the Asif Jahi era, the Qazis were granted Inam lands for their services. An exclusive ‘Umoor-e-Mazhabi’ (ecclesiastical department) was also established to look after the religious affairs of Muslims, including the affairs of Qazis.

The backdrop of the issue is that one of the Qazi Syed Abdullah Mohammadi had approached the High Court challenging the role of the Waqf Board in the matters of Qazis in united Andhra Pradesh for solemnizing the weddings to be charged by Qazi. The court in its order dated 07-10-2010 ruled that under the provisions of the Kazis Act 1880, no power is conferred either on the State Government or even on the Waqf Board to deal with, fix, or meddle with or otherwise the fee structure in respect of duties or functions of Qazis or Naib Qazis.

In another Writ Petition, one Qazi Hafiz Saleem Basha challenged the power or jurisdiction of the Waqf Board to deal with any matter concerning fees or the related issues liable to be charged by the Qazis for attending the marriages or other religious activities and sought directions to declare the Circular No. 9/QAZAT/2000 of the Waqf Board is ultra vires. The court ordered that Waqf Board and State Government cannot insist on the Qazis comply with the instructions contained in the said impugned circular. Waqf Board challenged this order of the High Court in Writ Appeal No. 70 of 2011 which was dismissed.

Based on the observations and directions, the then Principal Secretary of the Minorities Welfare Department Lingaraj Panigrahi issued a Memo on 02-06-2011 which stated that in pursuance of the orders of the High Court, the government hereby issue instructions that the Qazis need not obtain Booklets, Sianamas (document filled at the time of marriage detailing the information about bride and groom and witnesses and kind of value of dower to be given to bride) and Registers from the Waqf Board, however the then Secretary Dr. Mohd. Ali Rafath issued another Memo on 03-08-2011 stating that the Government hereby keep the orders issued in above said Memo in abeyance as the Waqf Board filed a Special Leave Petition (SLP) before the Supreme Court challenging the orders in said Writ Appeal.

The Apex Court while disposing of the SLP filed by the Waqf Board in 2016 observed that Waqf Board would certainly be open to approaching the High Court by way of an application for review or clarification and it ordered that if such an attempt is made, the same would be heard by the High Court on merits. Based on this circular and the pendency of SLP, Waqf Board continued issuing the Booklets to Qazis.

Now another Qazi, Mohd. Ahsan uz Zama Qureshi filed a Writ Petition No. 46849 of 2022 seeking direction to issue an appropriate direction declaring the action of the State Government in not revoking Memo No 2233/Wakf-II/A1/2011-3 dated 03 08 2011 and thereby necessitating the petitioner to obtain Siyanamas Marriage Booklets from the Waqf Board for performing marriages as being illegal arbitrary unconstitutional and set aside the Memo dated 03 08 2011 and consequently declare that the Wakf Board has no power vested with it to issue Siyanamas, Marriage Booklets, Marriage Certificates English Version.

It seems that to avoid any negative directions from High Court, the present Principal Secretary of Minorities Welfare Ahmad Nadeem issued a fresh Memo on 13-03-2023 and withdrew the circular dated 03-08-2023 stating that the orders issued in a Memo dated 02-06-2023 were not Suo-Motu orders of the Government, but only a reiteration of what was already ordered by the High Court and therefore redundant.