UP Madrasa Act: What Are Kamil And Fazil Degrees Termed Unconstitutional By SC?

UP Madrasa Education Act: A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra reserved the verdict after hearing arguments from all the concerned parties in the case.

On Tuesday, the Supreme Court of India quashed the Allahabad High Court order while declaring the 'Uttar Pradesh Board of Madrasa Education Act 2004' constitutional. The top court quashed the Allahabad High Court's March 22 verdict which had struck down the UP Madrasa Act. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra reserved the verdict after hearing arguments from all the concerned parties in the case.

"Ultimately we have to see it through the broad sweep of the country. Religious instructions are there not just for the Muslims. It is there in Hindus, Sikhs, Christians, etc. The country ought to be a melting pot of cultures, civilisations, and religions. Let us preserve it that way. The answer to ghettoization is to allow people to come to the mainstream and to allow them to come together. Otherwise, what we essentially would be doing is to keep them in silos," observed the CJI.

What Are Madrasas?

Madrassas are religious educational institutions where Islamic studies and other education may be pursued by students. While the Supreme Court upheld the constitutional validity of the UP Madrasa Act, it also laid down some restrictions. As per the Supreme Court, Madrasas can provide education for Munshi and Maulvi (equivalent to 10th grade) and Alim (equivalent to 12th grade), but not for Fazil and Kamil levels, as this would be against UGC (University Grants Commission) regulations.

What Are Kamil And Fazil Degrees?

Madarasas offer different educational levels described below:

Classes 1-5: Known as "Tahataniya" (primary board).
Classes 6-8: Referred to as "Fauqaniya".
Up to Class 10: Includes "Munshi" and "Maulvi".
Class 12: The level called "Alim" for students pursuing higher studies.

The recognized madrasas under the UP Madrasa Board conduct exams for Munshi/Maulvi, Alim, and Kamil levels. These exams cover various subjects.

Munshi (equivalent to 10th grade) includes subjects such as Theology (Shia/Sunni), Arabic Literature, Persian Literature, Urdu Literature, General English, and General Hindi.

Alim (Arabic/Persian, equivalent to 12th grade) includes Theology (Shia/Sunni), Home Science, General Hindi, Logic and Philosophy, General Studies, Science, Typing, Arabic Literature (for Alim Arabic candidates), Persian Literature (for Alim Persian candidates), Urdu Literature, and General English.

Kamil (Arabic/Persian) includes subjects such as the study of Hadith (Mutala-e-Hadith), Comparative Religion (Mutala-e-Mazahib), Arabic Literature (for Kamil Arabic candidates), Persian Literature (for Kamil Persian candidates), Literary Arts (Funoon-e-Adab), Rhetoric and Prosody (Balaghat wa Urooj), Social Studies, Islamic Jurisprudence (Mutala-e-Fiqh Islami, Sunni/Shia), Principles of Islamic Jurisprudence (Mutala-e-Usool-e-Fiqh, Sunni/Shia), History of Modern Arabic Literature (for Kamil Arabic final year candidates), History of Modern Persian Literature (for Kamil Arabic final year candidates), and subjects like Translation, Essay, and Interpretation (Tarjuma Nigari, Insha wa Tabeer).