Pakistani fatwa on sale, purchase of Kashmir properties is flawed: Islamic scholars

A Delhi-based group of Islamic scholars has termed a fatwa by a Pakistan-based fundamentalist leader as 'flawed', which called for the prohibition of sale and purchase of Kashmiri lands to non-Muslims.A fundamentalist leader from Pakistan, Mufti Muneebur Rahman, of Karachi's Darul Ifta Jamia Nayimia, on Monday, had issued a fatwa against the sale and purchase of land between Kashmiri Muslims and Hindus from the rest of India."As before, Kashmiri Muslims should feel no religious restriction in selling out their land to non-Muslims for house construction or trade, if they so desire, as long as it is not specifically intended to harm Muslims or Islam," it added.

A Delhi-based group of Islamic scholars has termed a fatwa by a Pakistan-based fundamentalist leader as 'flawed', which called for the prohibition of sale and purchase of Kashmiri lands to non-Muslims. The group said such a decree goes against the harmonious spirit of 'Kashmiriyat'.

A fundamentalist leader from Pakistan, Mufti Muneebur Rahman, of Karachi's Darul Ifta Jamia Nayimia, on Monday, had issued a fatwa against the sale and purchase of land between Kashmiri Muslims and Hindus from the rest of India.

Delhi-based New Age Islam group of scholars, however, has opined that Rahman's words: "It is not permissible for the Muslims of Kashmir to sell or rent out their property to non-Muslims", are completely against the understanding of Islamic precepts.

It must be understood that for hundreds of years several religious communities have lived together harmoniously in Kashmir in the spirit of what they call 'Kashmiriyat', that is Kashmir's composite culture, that continued to prevail after the advent of Islam, particularly because of its Sufi flavour, the group said.

"As before, Kashmiri Muslims should feel no religious restriction in selling out their land to non-Muslims for house construction or trade, if they so desire, as long as it is not specifically intended to harm Muslims or Islam," it added.

"One cannot question someone's intent and believe he intends to harm Muslims and Islam merely on the basis of one's own prejudices," the group said further.

Rahman's decree seems to be inspired by a fatwa issued by the Palestinian Mufti, Sheikh Mohammad Hussein, forbidding the sale of land to the Jews of Israel.

But the Delhi scholars have given out a rather strong reason to substantiate their voice.

The case of Palestine vis-a-vis Israel is entirely different from the case of Kashmir vis-a-vis India. Palestine and Israel are two political entities at loggerheads with each other and both consider each other enemy territory. Jammu and Kashmir and India are not two different political entities or countries but J&K is a state, now a Union Territory, within India and is entitled to all the constitutional rights and safeguards, it said.

Thus, the fatwa is inaccurate and flawed not only from a political but also an Islamic point of view, the group noted, adding, "Quran and Hadith do not consider all non-Muslims enemies of Islam."

"In fact, the Kashmiris can exploit this ease in restrictions to their own benefit. They can lease out their land to investors and business houses to collaborate in business and industrial projects. This will only bring about economic and industrial development in the state," the group added.

( With inputs from ANI )