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QAZIS NOT RAZI FOR REFORMS
'QAZI' POWER IN HYDERABAD
By M H Ahsan
HYDERABAD: Arecent announcement by minority welfare minister, Mohammed Ali Shabbir, to revamp the state’s Qazi system has stirred up a hornets’ nest with qazis reacting to the minister’s statement saying that the prevailing system is just fine and the government has no reason to tamper with it.
While the minister cited the demand from Muslim community members for a more credible, dependable and an efficient Qazat (qazi system), to deal with the rituals revolving around marital affairs, qazis note there is nothing amiss in the prevailing system and that fine tuning it a wee bit would be just enough for it to continue functioning smoothly.
Observers note that some of the problems with the prevailing qazi system include their unequal distribution in the state with some areas having more qazis than perhaps the number of marriages that they perform during the year and some completely bereft of their important presence. Take for instance the area that comes under Qazi Najmuddin Hussain, chief qazi, who controls the city’s “biggest territory’’ Qila-e-Golconda Muhammadnagar and has even appointed about 50 deputies to assist him. Shariat Panah Balda is another area where 15 deputies are functioning while the remaining areas have only about five each.
Bigger territories mean better income. This gross imbalance in area distribution is a major cause of heartburn among the sadr qazis and is one area that the government’s proposed restructuring aims to change.
There are also accusations of qazis conniving with cash-rich foreign nationals such as Arabs and getting naive young girls married off to them, arranging for the divorce at the time of the ‘nikah’ itself.
Such practices apart, there are other complaints of some qazis charging more than the stipulated amount of Rs 325 from the bridegroom’s family as they in many cases collect a much higher amount from both the groom as well as the bride’s family.
However, the government’s intervention to set these practices straight does not have many takers. After all, the opponents point out that such problems do not really merit a complete overhaul of the otherwise smooth functioning system.
The chief qazis of the city say that all the problems of the Qazat system such as mishandling of weddings, charging of excess fee, delay in issuing documents, marriages of young girls with aged Arabs and other foreign nationals etc. are because of their deputies and not them. Incidentally, they themselves appoint their deputies and despite knowing about their alleged misdeeds have not taken any action against them. Incidentally, the government does not have the authority to sack a deputy.
Qazi Hussain, chief qazi of Qila-e-Golconda Muhammadnagar, is the most vocal opponent of the proposed restructuring of Qazat. He not only wants the government to stop interfering in Qazat and allow qazis to function the way they have been for ages, but also believes that a person in his position should be treated as the chief qazi of the entire Hyderabad district.
Qazis like Hussain fear that government intervention would only lead to tampering of their well-kept records. “Today we are able to trace marriage records within a day or two and give it to the parties concerned. Check the same with the Wakf Board to which we submit a copy of the record, and you would find nothing,’’ says Hussain.
The chief qazi of Shariat Panah, Balda Mir Qadir Ali, says that the qazat records, some of which are more than 200 years old and still intact, would be lost if the government takes over the system.
Andhra Pradesh has 120 qazis appointed by the government. They are called sadr qazis. In Hyderabad, there are six of them. But there are also about four others who claim to be sadr (chief) qazis and are equipped with necessary documents. But, the fight against the proposed changes in the Qazat is not a united one. There is disunity among the qazis with them fighting with each other in private and also in newspapers. Some of them are even willing to support the government on the condition that it cleanses the system of some qazis who are earning the Qazat in general a bad name.
Meanwhile, those opposed to the restructuring got a bolt from the blue when the government, waking up to this fighting among the qazis and demands from legislators, said it may appoint one qazi for a population of 50,000 Muslims. This proposal has given a jolt to the chief qazis and those who support the ancient qazat.
Qazi Ikramullah, Vice President of Anjumane-Qazat, says that the government should look into the ground realities in villages, study the situation properly and consult with the sadr qazis, before taking any decision. It may be pertinent to note here that government recognition to a qazi historically comes with benefits.
“The government instead of taking over the entire system could consider setting up a Qazat Board to allow some autonomy to qazis and their functioning while bringing them under a good system,’’ says Qazi Farooq Arifi, PR in-charge at Anjuman-e-Qazat.
Observers note that the government has desisted from making any changes to the archaic Central Qazi Act of 1880 or coming up with its own act in consultation with the Centre, with the excuse that the community would not like any form of interference in its personal affairs. In a situation like this political leaders and power brokers find it lucrative to fish in troubled territories and extend patronage to the rebel and the scandal-affected qazis.
So, even as the qazis fight it out for turf, hereditary rights and saving the system from restructuring, political representatives have clearly made their entry into the arena. Whether the 200-year-old Qazat system will get a fresh coat of political paint or path-breaking reforms remains to be seen.
A sadr (chief) qazi, depending on the assistance he requires to cover the weddings in his area, uses his authority to appoint one or more ‘naeb’ or deputy qazis He also appoints qari-un nikah or the reader of the nikah to assist the naeb qazi. It is on the basis of the papers signed by him, that the Wakf Board issues marriage certificates, which are valid with the government as well as the foreign embassies in India.
The area of a sadr qazi varies from one sadr qazi to another. Bigger territory also means more income and is a major cause of heartburn among the qazis. With the city’s expansion, some deputy qazis rebelled against the sadr qazis and successfully persuaded the government to give them the same status as their bosses in the areas where they have been operating.
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