Kamil and Fazil No More: Supreme Court Curbs UP Madrasas' Degree Powers Beyond 12th Grade!

LUCKNOW, Nov. 5, 2024 — The Supreme Court on Friday made a significant ruling wherein it declared that madrasas in Uttar Pradesh, operated by the UP Madrasa Board, can no longer conduct Kamil and Fazil courses beyond the level of 12th class. It held that these degrees were violative of the University Grants Commission (UGC) Act and set aside a judgement of the Allahabad High Court that had raised constitutional infirmities in UP Madrasa Education Board Act, 2004.

This ruling impacts some of the approximately 23,500 madrasas operating in UP, of which 16,513 are enrolled with the UP Madrasa Board. Close to 8,500 madrasas operate without being enrolled. Though the registered madrasas have long been issuing Kamil and Fazil degrees, they would now have to comply with the recent decision of the Supreme Court.

Background of the Judgment

Allahabad High Court had earlier held on March 22, 2024, that UP Madrasa Act was unconstitutional and had directed madrasa students to be merged with regular schools. But Supreme Court's new order nullified this, declaring the UP Madrasa Education Board Act of 2004 as constitutional. The court held that the UP Madrasa Board could not award Kamil and Fazil degrees after the 12th grade because it goes against the UGC's rules.

What Are Kamil and Fazil Degrees?

Kamil and Fazil degrees are higher education degrees that are awarded to madrasa students after the completion of foundational studies. According to Maulana Khalid Rashid Firangi Mahali, Shahi Imam of Lucknow Eidgah, the Kamil degree is like the undergraduate degree, and the Fazil degree is like the postgraduate degree in the general education system.

Madrasas have an organized educational setup with primary, secondary, and senior secondary levels, similar to the traditional school. However, the names of the levels and the structures of the courses are quite different from the traditional setup. Madrasas offer courses on theology, Arabic literature, Persian literature, and others, but also include English, science, and social studies.

Types of UP Madrasa Degrees

UP madrasas award several main degrees, namely:

Munshi/Maulvi – 10th Grade Equivalent
Alim – 12th Grade Equivalent
Kamil – Equivalent to Undergraduate studies
Fazil – Equivalent to postgraduate studies

Structure and Subjects of Education

Under the UP Madrasa Board, in the madrasas recognized by it, students pass exams level after level. Every level is devoted to a particular set of subjects:

Munshi/Maulvi (10th Grade): Subjects comprise theology (Shia/Sunni), Arabic literature, Persian literature, Urdu literature, general English, and Hindi.

Alim (12th Grade): Subjects range from advanced theology, home science, logic, philosophy, general studies, typing, and even more focused literature courses in Arabic, Persian, and Urdu.
Kamil (Undergraduate Equivalent): The subjects included hadith study, comparative religion, studies in Arabic and Persian literatures, social studies, Islamic jurisprudence-Shia or Sunni, etc.

UP Madrasas Meaning in This

Supreme Court judgment consolidates the constitutional status of UP Madrasa Education Board but denies it the power to confer higher degrees like Kamil and Fazil. However, madrasas are allowed to offer education up to the senior secondary level and have to make alternative arrangements for students who intend to pursue higher Islamic studies.

Implications of the Judgment

This judgment will be significant as it sanctifies the divisions of religious and general education systems, especially at the higher levels. This order by the Supreme Court ensures that the madrasa certificates do not conflict with a UGC-recognized degree, thus maintaining a sharp division in the educative governance.

This mandate will affect thousands of students moving on to pursue their Islamic studies. It finds expression in efforts to marry religious education with adherence to the overarching educational structure across India, especially in the degrees mirroring formal UG and PG programs.

Decisions will also have direct repercussions for students looking to attain formal recognition of their religious learning, should they ever be required or want to secure it for job or academic futures.

Also read: Supreme Showdown: Legal Dance of UP Madrasa Act Between Secularism and Tradition