By Fozail Ahmad Qadri
Imarat–e-Shariah, operating in Bihar, Odisha, and Jharkhand, has recently attracted attention for two primary reasons. First, it organised political rallies opposing the Waqf Amendment Act passed by the Indian Parliament. More significantly, and for the first time in its century old history, the institution has split into two rival factions, each asserting legitimacy and public support.
For many observers unfamiliar with Imarat-e-Shariah, this raises a basic question: what exactly is this institution, and why does its internal crisis matter?
The Persian-Arabic word ‘Imarat’ (English: ‘emirate’) refers to a territory governed by an amir or chief and denotes a political-religious unit comparable to a principality. The term also signifies governance, leadership, or the office of a ruler (amir). Imarat-e-Shariah, thus, refers to a socio-religious and political organisation that operates within a well-defined geographical area and is guided by Shariah or Islamic canonical law.
The Imarat-e-Shariah came into existence by the efforts of two similar yet distinct Islamic scholar-ideologues, Mawlana Abul Mahasin Muhammad Sajjad (1880–1940) of Bihar and Mawlana Abul Kalam Azad (1888–1957), with the blessings and cooperation of almost all leading Muslim theologians (ulama) and a sizeable section of the Muslim elite of early twentieth-century India. In fact, this was a continuation of the reconstruction of Muslim society following the 1857 Indian Mutiny against colonial rule.
Mawlana Abul Mahasin Muhammad Sajjad occupies a distinct place in Bihar’ socio-religious and political history, as well as in India’s broader nationalist movement. A committed nationalist, theologian, and institution builder, he founded Anjuman Ulema-e-Bihar (Association of Muslim Theologians of Bihar) in 1917, to organise local ulema, to propagate Islam and protect the national interest under British rule. In 1919, he helped form the Khilafat Committee alongside Mawlana Qeyam al-Din Abd al-Bari (1878–1926) and others, and played a key role in establishing Jamiat ul-Ulama-e-Hind, serving first as its secretary and later as full-time secretary—the second person to hold the post. At this time, his Anjuman Ulema-e-Bihar merged into Jamiat ul-Ulama-e-Hind as its Bihar state unit.
Mawlana Sajjad drafted a religious decree (fatwa), signed by 500 eminent Muslim scholars (ulama), to boycott British goods, and it was issued under the banner of Jamiat-ul-Ulama-e-Hind in 1920. He was highly active during the Non-Cooperation and Civil Disobedience movements and made a significant contribution to mobilising Muslim public opinion in favour of these movements. Mawlana Sajjad boycotted the Simon Commission, championed composite nationalism, and vehemently opposed the partition of India. The magnum opus of his socio-religious and political efforts was yet to come.
Another key contributor was Mawlana Abul Kalam Azad, among the most brilliant and charismatic ulama of his time. Through his writings in Al-Hilal and Al-Balagh, he championed India’s liberation from British rule and worked to organise devoted Muslim men and women to collaborate with Hindu compatriots in the nationalist movement.
This group was named HizbAllah (Party of Allah), and Mawlana Azad set strict criteria and rigorous conditions for membership. From early 1913, he had been recruiting volunteers and members. For the nomenclature of this group and its membership slogans, he drew inspiration from Quranic verses. For the name, he selected the verse, “The party of Allah will be predominant” (Al-Ma’idah: 56), and for membership drive slogans, he identified verses like, “Be supporters of Allah” (As-Saff: 14), “Who are supporters for Allah” and “We are supporters of Allah” (At-Tawbah: 112).
It is no wonder that later, we hear this group by the name, Ansar Allah (Supporters of Allah). Members of the party must be the repentants, the worshippers, the praisers (of Allah), the travellers (for His cause), those who bow and prostrate (in prayer), those who enjoin what is right and forbid what is wrong, and those who observe the limits (set by Allah) and give good tidings to the believers (Ibid). Thus, only extraordinarily devout persons were to be enrolled as members.
While Mawlana Azad was mulling the above idea, Mawlana Sajjad was planning to form an imarat to organise Muslims for the liberation of the country, besides other socio-religious ideals. Mawlana Sajjad’s biographer informs:
“One day, the topic of Mawlana Azad’s HizbAllah came up in conversation with Mawlana Sajjad. He remarked that the principle of Islamic organisation is leadership (imarat), and that it is preferable to structure this organisation on this foundation. When this conversation was mentioned to Mawlana Azad in Ranchi, he felt that Mawlana Sajjad had reached the same conclusion as him. Mawlana Azad eagerly expressed his desire to meet Mawlana Sajjad. The meeting between Mawlana Sajjad and Mawlana Azad took place in Ranchi, where the latter was under house arrest.”
This was a one-to-one meeting, and both parties agreed to proceed with the formation of Imarat-e-Shariah. Mawlana Sajjad prepared his ground in Bihar and Odisha, Mawlana Azad was already in Bengal. He appointed two of his protégés, Abd al-Razzaq Malihabadi and Ghulam Rasul Mehr, to oversee Uttar Pradesh and Punjab, respectively. The initial programme was to form a Kul Hind Imarat-e-Shariah (an all-India Imarat-e-Shariah), and a resolution to this effect was passed in the second annual session of the Jamiat held at Delhi in 1920. Once formed, the election for Amir al-Hind will be held, and he will nominate Amir-e-Shariat as the provincial amirs in the states.
At least two of Mawlana Azad’s biographers suggest that Jamiat al-Ulama unanimously elected him Amir al-Hind, a title later reflected in some of his published works. However, the process was not entirely smooth. Aware of professional rivalries, Azad, via his disciple Abd al-Razzaq Malihabadi, first offered the position to Mawlana Mahmud al-Hasan (1850–1921), the leading figure of the generation and Rector of Deoband Seminary, who politely declined in Azad’s favour. The offer was then made to Mawlana Abdul-Bari of Farangi Mahal, Lucknow, who replied ambiguously, ultimately supporting Azad.
The Jamiat-al-Ulama-e-Hind made an inordinate delay in the formation of an all-India Imarat-e-Shariah. Irked by the delay tactics of some ulama, Mawlana Sajjad decided to proceed with the formation of provincial Imarat-e-Shariah states on a state-by-state basis.
The Bihar State Jamiat al-Ulama organised its third session at Darbhanga on 2–3 May, 1921. Mawlana Maqbul Ahmad Khan, a renowned theologian and logician, served as president of the reception committee. Mawlana Abul Kalam Azad was scheduled to preside, but due to a sudden illness, he was unable to attend. Mawlana Shah Muhi al-Din Qadri presided over the session, and a resolution was unanimously passed that:
“The Jamiat proposes that for the department of Shariah (Imarat-e-Shariah), Bihar and Orissa, an alim (theologian) and reputed person should be elected as amir (chief). He should wield all powers in matters of Shariah (Islamic Canonical law), and all his orders/decisions must be in accordance with Islamic law. His orders/decisions should be binding on all Muslims. All scholars and saints should take an oath of allegiance; this oath is other than the spiritual oath of allegiance of the ‘Sufi path’.”
Conditions for the election of Amir-e-Shariah:
Finally, on June 26, 1921, a meeting of the ulama and the Muslim elite was held at Patthar Ki Masjid in Patna. Mawlana Azad presided over the meeting and delivered a detailed, extempore presidential address, which, according to the author of Tareekh-e-Imarat (History of Imarat-e-Shariah), could not be penned. Later that evening, another meeting was held at Dr Mahmud’s residence. In the presence of Mawlana Azad, it was announced that Mawlana Shah Muhammad Badr al-Din Qadri, Sajjada Nashin of Khanqah Mujibiya, Phulwari Sharif, was unanimously elected as the first Amir-e-Shariat of Bihar and Orissa. Imarat-e-Shariah started its activities from the two rooms provided by Khanqah Mujibia and remained there until the death of the third Amir-e-Shariat.
Mawlana Shah Muhammad Badr al-Din Qadri (1852–1924) was a well-established ‘alim, a sufi saint of great spiritual calibre, a prolific writer and a poet of the Persian language. His collected works, comprising his epistles, span twelve hundred pages and include juristic matters, mysticism, and religious decrees (fatawa), and are presented in five volumes. These have been published under the title Lam’at-e-Badria (Radiance of the Full Moon), a reminder of his name, and as a collection of his Persian poetry, Itr al-Wirdain (Scent of two rose petals). Undoubtedly, he was the best choice to be the first Amir-e Shariat as proposed by Maulana Muhammad Ali Mungeri (1846-1927). He headed Imarat-e-Shariah between 1921 and 1924.
After Shah Badr al-Din Qadri’s demise, his eldest son, Mawlana Shah Muhi al-Din Qadri (1878-1947) succeeded him both as Sajjada Nashin of Khanqah Mujibia and Amir-e Shariat. Maulana Muhammad Ali Mungeri was scheduled to preside over the meeting but, due to illness, was represented by his eldest son, Mawlana Lutf Allah, who presided and read his father’s presidential address.
Shah Muhi al-Din Qadri served as the spiritual leader, Sajjada Nashin, and, by virtue of his status as Amir-e Shariat, he headed the socio-religious and political organisation of the two provinces of Bihar and Odisha. Earlier, he acted as president of the Bihar State Khilafat Committee and an active member of Jamiat al-Ulama, a natural ally of the Indian National Congress.
One significant contribution of Shah Muhi al-Din Qadri and his deputy (Naib-e Amir), Mawlana Sajjad, was the formation and success of the Muslim Independent Party in the 1936 election. Subsequently, after the Congress Party refused to form a government, the Muslim Independent Party, being the second-largest party, formed the government with Mr Md. Muhammad Yunus (1884–1952) as the first Premier of Bihar.
The Premier, along with his Cabinet, called on Shah Muhi al-Din Qadri at Phulwari Sharif after the swearing-in ceremony. He headed Imarat-e-Shariah for twenty-three years, 1924–47. During this period, the Imarat received considerable recognition and consolidation as a dynamic socio-religious and political organisation.
Shah Muhi al-Din Qadri was succeeded as Amir-e Shariat by his brother Mawlana Shah Muhammad Qamr al-Din Qadri (1895–1957). He was blessed with exceptional qualities of head and heart and was a true successor to his father and elder brother. As the third Amir-e Shariat, he oversaw a period marked by significant trials. After India’s independence and partition, the circumstances that unfolded created immense chaos. During this period of turmoil, the Imarat-e Shariah, under his leadership, faced numerous challenges and achieved remarkable feats.
With the passing of the third Amir-e Shariat, the most righteous phase of this unique institution came to an end. Political intrigue and deception weakened the moral fibre. The election of the fourth Amir-e Shariat at Supaul, apparently a pocket borough dominated by his disciples, was marred by controversies. The incumbent Mawlana Minnat Allah Rahmani (1913–91), besides being an alim of repute, was also Sajjada Nashin of Khanqah Rahmani, Munger. A seasoned politician, he was elected to the Legislative Assembly in 1936 as a Muslim Independent Party candidate and was the youngest legislator. His tenure as Amir-e Shariat (1957–91) was marked by considerable expansion and consolidation of the institution. Under his stewardship, the Imarat moved from Khanqah Mujibia, the home of his esteemed predecessors, to a new, larger building.
Criticism of the Imarat’s functioning and governance arose from members of a particular school of thought. Its fundamental bases were being questioned, especially by those who did not subscribe to its new ideology. Simmering discontent against the new regime raised its head at regular intervals and resulted in its split and the formation of a separate Imarat-e Shariah for Odisha in 1964 with Mawlana Muhammad Ismail Katki as its amir.
Undeterred by these developments, Mawlana Minnat Allah Rahmani continued expansion works, raised funds through public donations, started new departments, established Mawlana Sajjad Memorial Hospital within the Imarat complex and eight technical institutes in various parts of the state. In 1972, he established the All-India Muslim Personal Law Board and continued as its General Secretary till his death in 1991. Critics also allege that Imarat-e Shariah drifted away from its core ideology under his leadership. Taking the opportunity, Mawlana Asad Madani (1928–2006) of Jamiat al-Ulama suddenly announced the formation of All India Imarat-e Shariah (Kul Hind Imarat-e Shariah) in 1986. Although this proposal had been lying in the cold storage of Jamiat al-Ulama since 1920, Madani declared Mawlana Habib al-Rahman Azmi as Amir al-Hind and himself as his deputy (Naib-e Amir al-Hind). Madaris’ act raised concerns, and he was accused of political opportunism.
Mawlana Minnat Allah Rahmani was succeeded as Amir-e Shariat by Mawlana Abd al-Rahman of Darbhanga (1991–98), and he in turn was succeeded by Mawlana Syed Nizam al-Din (1998–2015). However, the power centre remained the Khanqah Rahmani in Munger. During the latter’s election, Mawlana Minnat Allah Rahmani’s son and successor at Khanqah Rahmani, Munger, Maulana Muhammad Wali Rahmani (1943–2021) initially was in the fray but withdrew at the intervention of some leading ulama of the state; nevertheless, he became naib or deputy but for all purposes acted as de facto Amir-e Shariat.
Mawlana Muhammad Wali Rahmani was elected as Amir-e-Shariat at Araria in 2015. He was a Member of the Bihar Legislative Council for twenty-two years (1974–96), was twice elected Deputy Chairman of the Council, and was affiliated with the Indian National Congress. Besides Khanqah Rahmani, he also succeeded his father as General Secretary of the All-India Muslim Personal Law Board. He was a very active and mobile leader of the community. His most significant contribution is as the founder of Rahmani 30, which provides free coaching to underprivileged students for the IIT JEE and NEET.
By the time Maulana Muhammad Wali Rahmani passed away in 2021, Imarat-e Shariah had fully matured into a highly dynamic and vibrant organisation. Its contribution in protecting the civil and religious rights of Muslims has been proven time and again. Although it has no judicial authority under India’s Constitution, it functions as a form of voluntary arbitration within the Muslim personal law framework. It offers dispute resolution in matters of marriage, divorce, inheritance and endowments. In such cases, government courts of law generally honour their judgments.
Imarat-e Shariah has the following departments:
Critics contend that Mawlana Wali Rahmani’s creation of trusts within Imarat-e-Shariah served to consolidate his family’s influence, with Rahmani’s Sajjada Nashin—or a nominee of his choice—occupying a permanent seat. These issues came sharply into focus during and after the election of his successor. It is further alleged that the incumbent Ahmad Wali Faisal Rahmani, his elder son, is not an alim but a technocrat; therefore, lacks the religious and spiritual qualifications required for the position.
The official website of the Imarat-e Shariah appears more transparent and candid on this issue.Itsays, “In March 2025, an internal dispute emerged within Imarat-e Shariah over leadership. A section of the advisory board (Majlis-e Arbab-e-Hal-o-Aqd) announced the removal of Amir-e-Shariah Ahmad Wali Faisal Rahmani, citing concerns regarding his suitability, scholarly qualifications, and organisational matters. This faction subsequently declared Anis-ur-Rahman Qasmi as the new Amir-e Shariah. However, Rahmani and his supporters rejected this decision, maintaining that he remains the legitimate Amir-e Shariat. As of mid-2025, the leadership dispute remains unresolved, with significant sections of the community and the existing administrative structure continuing to recognise Rahmani’s leadership, while the opposing faction upholds Qasmi’s claim.
The institution, whose foundation was laid on piety and righteousness, seems plagued by personal ambition, vested interests, and a political clique. It is high time for the social, religious, and political elite of the community to wake from their deep slumber and save this unique institution.
Fozail Ahmad Qadri,
retired professor of history and former Indian Council of Historical Research (ICHR) member.
[Photo: Building of Imarat-e-Sharia. Photo courtesy of Fozail Ahmad Qadri]
