Islamic Madrasas in India and Contemporary Legal-Educational Demands: A Research-Based Study By: Mohd Mubarak Madani, Welfare Officer, HWB

  

Islamic Madrasas in India and Contemporary Legal-Educational Demands: A Research-Based Study  

                                                                  By: Mohd Mubarak Madani, Welfare Officer, HWB

S. Number	List of Topics
1	A critical study on the status of Islamic Madrasas in India in light of government rules
2	Registration of Madrasas
3	Court Judgments related to Madrasas
4	The role of Madrasas in education and protection of minority rights
5	Government schemes and Madrasas
6	Modern and traditional Madrasas
7	Madrasa Boards and their responsibilities
8	Sachar Committee Report (2006)
9	NCPCR Report on Children in Madrasas
10	National Education Policy 2020 (NEP 2020)
11	Suggestions for the development and reform of Madrasa education
12	Analysis & Discussion
13	Role of Ulema and intellectuals in curriculum reform and educational system
14	Summary and recommendations

Islamic Madrasas in India and Contemporary Legal-Educational Demands: A Research-Based Study

By: Mohd Mubarak Madani, Welfare Officer, HWB

Abstract

This research paper analyzes the educational, legal, and social dimensions of Islamic madrasas in India. It discusses the effects of state control, judicial verdicts, commission reports, and the National Education Policy 2020 on madrasas through a critical and research-based lens. The paper also emphasizes the necessity of integrating the traditional religious education system with modern educational demands.

Keywords

Madrasas, Madrasa Boards, NEP 2020, Sachar Committee, NCPCR, Court Judgments, Islamic Education, Curriculum Reform, Uttar Pradesh Government

Introduction

Islamic madrasas are an inseparable part of the religious and educational history of the Indian subcontinent. However, in recent decades, these institutions have become the center of legal, educational, and socio-political debates. The purpose of this paper is to present a research-based analysis of the current legal and educational challenges faced by madrasas.

Educational and Intellectual Background of Madrasas

The Dars-e-Nizami system in madrasas is based on religious sciences, which include Tafsir (exegesis), Hadith (Prophetic traditions), Fiqh (Islamic jurisprudence), Mantiq (logic), and Arabic literature. However, modern skills and contemporary subjects (like Science, Math, English) have not been a part of this curriculum, which has led to a widening educational gap.

Madrasa Boards and State Regulation

Various state boards such as:

·         Uttar Pradesh Madrasa Education Board (UPMEB)

·         West Bengal Board of Madrasa Education

·         Bihar State Madrasa Education Board

These boards control the registration, examinations, and funding of madrasas, but their monitoring is limited to only recognized institutions.

Court Judgments

(i) Allahabad High Court, 2024
Declared that imparting only religious education in madrasas is a violation of the Right to Education (Article 21A).

(ii) Supreme Court, 2023
Emphasized the inclusion of mainstream education in madrasas and the protection of children’s fundamental rights.

The Uttar Pradesh Government, in 2004, enacted the Uttar Pradesh Board of Madrasa Education Act, aimed at regulating madrasa education in the state, developing curriculum, conducting exams, and issuing certifications. Under this act, madrasas awarded degrees like:

·         Maulvi (Equivalent to Matriculation),

·         Alim (Equivalent to Intermediate),

·         Fazil (Equivalent to Bachelor’s),

·         Kamil (Equivalent to Master’s).

Allahabad High Court Verdict (March 2024)

In March 2024, the Allahabad High Court declared this act unconstitutional, stating:

·         It violates the principles of secularism.

·         It infringes upon Article 14 (Right to Equality), Article 21 (Right to Life and Liberty), and Article 21A (Right to Education).

·         It violates Section 22 of the UGC Act 1956, as it authorizes madrasas to issue higher education degrees, a right reserved only for universities.
The court directed the government to integrate all madrasa students into the formal education system.

Supreme Court Verdict (November 2024)

The Supreme Court, in November 2024, partially overturned the High Court’s ruling and declared:

• The Uttar Pradesh Board of Madrasa Education Act 2004 is constitutional, and the state has the right to regulate minority educational institutions.
• Madrasas are allowed to offer education up to Maulvi and Alim levels.
• However, awarding higher education degrees like Fazil and Kamil violates the UGC Act, as only recognized universities can confer such higher education degrees.
• The court clarified that minorities have the right to establish and administer their educational institutions, but this right is subject to state regulation and academic standards.

After this judgment:

• Madrasas can continue to offer education up to Maulvi and Alim levels.
• They are not authorized to confer degrees like Fazil (Graduation) and Kamil (Post-Graduation) as higher education degrees.
• The state has the authority to regulate minority educational institutions and ensure academic standards.

This is a sensitive and important issue that has sparked considerable debate in recent years

 

 

 

 

 

 

Madrasa Surveys, Registration, and Role of State Governments

In India, Islamic madrasas have traditionally served as centers for Islamic education, teaching Quran, Hadith, Fiqh, and other religious sciences. These institutions are generally run by minority communities on a non-governmental and non-profit basis.

Background and Objectives of the Survey (Uttar Pradesh - 2022):

In 2022, the Uttar Pradesh Government issued an order to survey unrecognized madrasas. The objectives were:

• To gather data on the number of madrasas, their educational level, financial sources, registration status, and student details.
• To investigate whether madrasas were involved in terrorism or illegal activities.
• To assess the availability of basic infrastructure (electricity, water, toilets, libraries, etc.).

Approaches by Other States:

• Assam: Several madrasas were ordered to be shut down or converted into regular schools. Authorities alleged involvement in radicalization.
• Maharashtra: Emphasis was placed on making non-religious subjects compulsory in madrasas.
• Uttarakhand & Madhya Pradesh: Sought detailed information from madrasas and made the registration system stricter.
• West Bengal: Madrasas have been included in the formal education structure through the Madrasa Board and receive budgetary support from the state.

Legal and Constitutional Aspects:

• Under Article 30(1) of the Indian Constitution, minorities have the fundamental right to establish and manage their educational institutions.
• However, state governments have the authority to enforce minimum standards and regulation to maintain the quality of education.

Responsibilities of Madrasa Stakeholders

1.      Transparency and Registration
Madrasas should be transparent in their educational activities, finances, curriculum, and certification.
Registration should not be seen as a threat but as protection and honorable recognition.

2.      Integration of Contemporary Education
Alongside religious sciences, inclusion of basic modern subjects such as Math, Science, Computers, and English is a pressing need.
Many madrasas have already begun working in this direction.

3.      Internal Accountability (Self-Regulation)
Madrasas must develop a strong system of internal accountability to prevent corruption, mismanagement, or extremism.

4.      Dialogue with the Government
Constructive and meaningful dialogue with the government is essential to remove misunderstandings and ensure the protection of minority educational institutions.

Madrasas are an essential part of India’s educational and cultural heritage. If state actions are undertaken with good intent and fairness, then madrasa stakeholders should consider them as an opportunity for reform and transparency rather than as a threat. However, it is also the responsibility of governments to respect the constitutional protections of minority institutions and not violate religious sensitivities.

Government Commissions and Reports

(i) Sachar Committee Report (2006)

While highlighting the educational backwardness of Muslims, the report stated: “Madrasas are socially isolated. They should be linked with modern education.” The Sachar Committee Report (2006) is a comprehensive study on the social, economic, and educational conditions of Muslims in India, which also paid attention to the role of Islamic madrasas and the need for their modernization.

Key Observations of the Sachar Committee on Madrasas

1.      Distinction between Madrasas and Maktabs:
The Committee made a clear distinction between madrasas and maktabs. Maktabs are educational institutions attached to mosques providing basic religious education, whereas madrasas offer a full-fledged religious curriculum.

2.      Number of Students Studying in Madrasas:
According to the report, only 3% of Muslim children at the national level receive education in madrasas. This negates the common perception that most Muslim children are educated in madrasas.

3.      Need for Modernization of Madrasas:
The Committee recommended that subjects like Science, Mathematics, and English should be included in the madrasa curriculum along with religious education so that students can be integrated into modern education. Furthermore, madrasa degrees should be recognized for civil services, banking, and defense service examinations.

Recommendations for Modernization of Madrasas

1.      Recognition of Madrasa Degrees:
Madrasa degrees should be recognized for government employment and admission in higher educational institutions so that madrasa graduates have equal opportunities.

2.      Linking Madrasas to the Mainstream:
In order to integrate madrasas into the mainstream educational framework, modern subjects should be included in their curriculum, and they should be affiliated with state educational boards.

3.      Teacher Training:
Madrasa teachers should be trained in modern teaching methods so that they can educate students more effectively.

The Sachar Committee Report acknowledged the importance of madrasas while emphasizing the need for their modernization. The goal of the recommendations was to align madrasa students with contemporary education and provide them with equal opportunities in society.

(ii) NCPCR Report (2022)

The report expressed concern over the exploitation of children, lack of registration, and violations of child rights in unrecognized madrasas. The National Commission for Protection of Child Rights (NCPCR) published a detailed report in March 2021 titled:

"Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children vs. Madrasas"

This report presents a comprehensive analysis of the educational system of Islamic madrasas in India in the context of the constitutional rights of children.

Background of the Report

Under Article 30 of the Indian Constitution, minorities have the right to establish and administer their own educational institutions. Similarly, Article 15(5) provides certain exemptions to minority institutions from some public education laws, such as the Right to Education Act (RTE Act). The NCPCR examined the effects of this exemption, particularly whether it negatively impacts children's fundamental educational rights.

Key Observations and Findings

1.      Lack of Formal Education in Madrasas:
The report stated that many madrasas do not provide formal education to children, depriving them of their basic educational rights. This is a violation of Article 21A of the Constitution and the RTE Act 2009, which guarantees free and compulsory education for children aged 6 to 14 years.

2.      Non-Muslim Children in Madrasas:
NCPCR observed that many madrasas also enroll non-Muslim children, which violates Article 28(3) of the Constitution, as these children are being imparted religious education without the consent of their parents.

3.      Recommendations on State Funding:
NCPCR recommended that state funding should be discontinued for those madrasas that do not comply with the RTE Act. The report mentioned that merely forming a board or obtaining a UDISE code does not guarantee RTE compliance.

4.      Violations of Children's Fundamental Rights:
The report also pointed out that in some madrasas, children’s fundamental rights are being violated, such as poor infrastructure, substandard curriculum, and risks to children’s physical and mental health.

Recommendations

Formal education should be made mandatory in all madrasas. Madrasas should be brought under the ambit of the RTE Act to ensure quality education for children. In the case of non-Muslim children, parental consent must be ensured. State funding should only be provided to madrasas that fully comply with the RTE Act.

Criticism and Counter-Positions

Many Ulama (scholars) and educationists have labeled the NCPCR report as "biased" and "misleading." They argue that madrasas not only impart religious education but that many of them have also adopted the NCERT curriculum, providing both religious and contemporary education to students. Their position is that madrasas offer moral, spiritual, and educational development, and it is incorrect to view them as purely religious institutions.

The NCPCR’s 2021 report raised several critical questions regarding the madrasa system in India, especially in relation to children's educational rights. The recommendations aim to ensure that all children receive quality and formal education in line with their constitutional rights. However, the report has sparked diverse opinions across various circles, indicating the need for further debate and consultation.

References:

1.      NCPCR Report – Guardians of Faith or Oppressors of Rights

2.      Times of India – Child rights panel NCPCR advises states to stop funding madrasas

3.      Clarion India – Scholars, Educators Say NCPCR Report on Madrasas is 'Biased and Misleading'

 

 

 

New National Education Policy 2020 (NEP 2020)

NEP 2020 advocates for making all educational institutions part of Equitable and Inclusive Education. Regarding madrasas, it proposes that:

• Basic literacy and numeracy should be taught.
• Equivalency Certification facilities should be provided.
• Religious and modern education should be integrated.

India’s new National Education Policy 2020 (NEP 2020) is a comprehensive educational framework aimed at making education modern, holistic, inclusive, and skill-based. After the announcement of this policy, a wave of change swept across educational institutions throughout the country, which also affected Islamic madrasas. In this context, it is necessary to analyze the current status of madrasas, potential changes, and emerging risks.

Framework of NEP 2020

Key Highlights:

• 5+3+3+4 education structure (from Foundation to Higher Secondary)
• Emphasis on mother tongue as medium of instruction
• Promotion of Multilingualism
• Skill-Based Education
• Focus on Digital Learning, Coding, etc.
• Integration of all educational institutions and establishment of uniformity

Islamic Madrasas and the New Education Policy: Possibilities

1.      Inclusion of Contemporary Subjects:
Madrasas may get an opportunity to include subjects like Science, Mathematics, English, and Computer Science. Students with 'Maulvi' or 'Fazil' degrees may be able to enter modern professional fields.

2.      Possibility of Government Support and Funding:
NEP emphasizes the development of minority institutions.
If madrasas include contemporary education, they could benefit from government schemes (e.g., scholarships, infrastructure grants).

3.      Recognition of Degrees and Certificates:
If education in madrasas aligns with NEP guidelines, ‘Fazil’ and ‘Aalim’ degrees may be recognized at undergraduate level.

4.      Promotion of Female Madrasas:
The policy emphasizes women's education, and madrasas could take this opportunity to provide high-level religious and modern education to girls as well.

Risks and Concerns

1.      Interference under the Guise of Uniform Curriculum:
If education is made entirely “uniform” under NEP, restrictions may be placed on the religious curriculum of madrasas.
Freedom of religion and belief (Articles 25 and 30) could be challenged.

2.      Pressure of Registration and Monitoring:
To implement the policy, the burden of registration, surveys, and monitoring may increase on madrasas. There is a risk of coming under direct government control.

3.      Rejection of Certificates:
If madrasa degrees are not aligned with NEP, students may face rejection in higher education or employment.
In 2024, some states refused to recognize ‘Fazil’ degrees as equivalent to a graduate degree — a clear warning sign.

4.      Threat to Religious Identity:
In the policy’s uniform structure, the distinct identity of madrasas may be at risk of being erased.

5.      Recommended Strategy for Madrasas:
Islamic madrasas must adopt a cautious yet active strategy in current circumstances.
The new education policy, on one hand, opens doors for development, but on the other, it could deal a serious blow to religious and educational autonomy if there is negligence or disunity. Therefore, it is crucial that:

§  Madrasas strengthen their structure in accordance with modern needs.

§  They safeguard their identity with awareness of legal protections.

§  They engage in meaningful dialogue with the government but do not compromise on their religious autonomy.

References:

a. National Education Policy 2020 – education.gov.in
b. Supreme Court Judgment on Madarsa Act 2024 – sci.gov.in
c. The Hindu, Indian Express Reports (2020–2024)
d. Statements by Maulana Arshad Madani (Jamiat Ulema-e-Hind) on NEP
e. Madrasa Modernization Report – NCPCR (2021)

 

Integration of Traditional and Modern Systems

Traditional Strengths:

·         Proficiency in Arabic language

·         Knowledge of Islamic Law (Shari‘ah)

·         Religious guidance and training

Modern Demands:

·         English communication

·         Digital literacy

·         Skill-based vocational training

·         Legal awareness

Analysis & Discussion

The increasing state oversight of madrasas is part of the attempt to bring them into the mainstream education system, but there is a genuine concern that their religious autonomy may be affected. Therefore, a balance must be maintained between curriculum reform and state dialogue.

Islamic madrasas in the Indian subcontinent have historically played a deeply important religious, educational, and intellectual role. For centuries, they have served Islamic sciences, producing scholars, muftis, hadith experts, and jurists. However, in today’s world — where Indian Muslims suffer from social, educational, and economic backwardness — a question arises: Should madrasas continue producing only religious scholars, or should they also meet the demands of the modern age?

This question was explored in the Sachar Committee Report (2006), which reviewed the current state and role of madrasas.

Claim by Madrasas: "We only produce scholars"

Many madrasa administrators and patrons say:
"The role of a madrasa is to produce scholars, muftis, and hafiz only. Secular education or government jobs are not our responsibility."

This view prioritizes pure religious education as the main goal, which is partially valid and necessary, because the protection and propagation of Islam require the presence of Ulama.

Sachar Committee Report and Its Context (2006):

In 2006, under the chairmanship of Justice Rajinder Sachar, the central government published a comprehensive report on the educational, social, and economic condition of Indian Muslims. It revealed:

·         Muslims lag far behind other minorities in education.

·         Only 3% of Muslim children study in madrasas.

·         Most madrasas offer only religious education, limiting students’ employment opportunities.

Recommendations Regarding Madrasas:

·         Madrasas should be connected with modern education.

·         Subjects like English, Mathematics, and Science should be added to the curriculum.

·         Madrasa certificates should be recognized by the government, so students can become eligible for public and private jobs.

Why a Religious Scholar Alone Is Not Enough?

A scholar today must not only issue fatwas but also understand the real-world challenges of the Muslim community, such as:

• Understanding modern issues from an Islamic perspective
• Leading Muslims in education and social reform
• Bridging Islam with modern science, economics, and politics

The Community’s Need

Scholars alone are not enough — we also need doctors, scientists, diplomats, lawyers, engineers, and journalists. If madrasas ignore this need, the community will keep living in the glories of the past without preparing for the future. Madrasas are the protectors of the Muslim religious identity, but in today’s age, they must also embrace a comprehensive vision of knowledge.
Producing only religious scholars is admirable, but today’s ideal scholar is one who understands both religion and the world.

The Sachar Committee’s recommendations are not just government documents — they are a mirror meant to awaken the community. Now is the time for madrasas to practice self-accountability, adopt reform, and prepare the next generation not just as hafiz or muftis, but as practicing scholars and modern leaders.

 

 

 

 

 

The Disunified Curriculum and Academic Ranks of Islamic Madrasas: An Academic, Comparative, and Legal Analysis

The system of education in Islamic madrasas in India is a deeply rooted religious and cultural legacy. However, the educational structure of madrasas is not only scattered but also entirely different from one another. In some madrasas, the duration of education is six years, while in others, it spans eight or ten years. Some confer degrees like "Munshi", "Maulvi", "Aalim", "Faazil", "Kaamil", whereas others use terms like "Daurah-e-Hadith" and "Takhassus". Madrasas affiliated with government madrasa boards follow a different method, while private (unregistered) madrasas have their own separate systems. This disparity has made it difficult for the government to form uniform policies, recognize degrees, or authenticate identities.

· Disunified Curriculum of Madrasas: A Study of Internal Differences

Syllabus System:
The Dars-e-Nizami curriculum is implemented in varying forms across different madrasas. Some offer a 6-year course, others 8 or 10 years. Each madrasa independently selects its curriculum, ranks, and books.

Variation in Educational Ranks:
Degrees such as "Munshi", "Maulvi", "Aalim", "Faazil", "Adeeb", "Kaamil", "Mufti" are considered significant within specific institutions. However, government bodies or other organizations do not recognize a standardized hierarchy among them.

· Government and Non-Government Madrasas: Two Parallel Systems

Madrasas under Madrasa Boards:
Registered madrasas under state boards such as those in UP, Bihar, and West Bengal provide partial modern education. These institutions maintain records, but these also vary from state to state.

Independent Religious Institutions:
Institutions under various sects like Deoband, Nadwa, Barelvi, Ahl-e-Hadith, Jamaat-e-Islami, etc., operate under their own systems, and their certifications are not integrated with the official government framework.

· Legal and Administrative Challenges

Diverse Curriculum and Unstandardized Grading:
There is no central record or standardized certification system. It becomes extremely difficult for the government to analyze, categorize, or compare madrasa curricula.

Non-Recognition of Degrees:
Courts have frequently declared madrasa degrees inadmissible for government employment (e.g., Allahabad High Court 2018, Supreme Court 2021 rulings).

Barriers to Employment:
Graduates of madrasas often need to acquire new certifications to pursue higher education or public jobs. Their degrees lack national recognition, which limits their career prospects.

Comparative Study: The Saudi Madrasa System

1.      Centralized Curriculum and Ministry Oversight:
In Saudi Arabia, all madrasas function under the Ministry of Education and the Ministry of Islamic Affairs. The curriculum is centrally prepared and uniformly implemented in all institutions.

2.      Integration of Religious and Modern Subjects:
Alongside religious subjects like Fiqh, Tafsir, and Hadith, modern subjects like Mathematics, Science, English, and Computer Studies are mandatory.

3.      Government-Recognized Certifications:
Degrees from Saudi madrasas are recognized by official universities. There is a direct linkage between madrasas and universities.

4.      Opportunities for Employment and Higher Education:
Graduates of madrasas can easily enroll in universities and are considered eligible for government jobs.

5.      Comparative Results and Needs:
The Saudi model’s uniformity, state supervision, and incorporation of modern knowledge have linked religious students to the national mainstream. In contrast, the internal disarray, diverse rankings, unstandardized degrees, and lack of modern subjects in Indian madrasas have limited student prospects.

Recommendations:

1.      Unified Madrasa Education Board:
A non-government yet unified platform should be established, representing madrasas of all schools of thought. This board should design a common curriculum, certification, and educational ranks.

2.      Government Linkage and Accreditation:
Degrees issued by this board should be accredited by national bodies like NIOS, UGC, or others so that students can access higher education and employment opportunities.

3.      Inclusion of Modern Subjects:
Mathematics, Science, English, and Computer Science should be included in madrasa curricula.

Conclusion:
The fragmented and uncoordinated educational system of Islamic madrasas is academically and professionally disadvantaging students. Learning from systems like the Saudi model, Indian madrasas must adopt a centralized curriculum, uniform certifications, and integrate modern education to enable their graduates to play a more effective role in national development.

 

 

 

 

 

 

Central Government Scheme for the Educational Improvement of Islamic Madrasas
(Scheme for Providing Education to Madrasas/Minorities)

The Central Government has implemented a scheme titled "Scheme for Providing Education to Madrasas/Minorities" for the improvement of education in Islamic madrasas. This scheme is comprised of two sub-programs:

1.      SPQEM (Scheme for Providing Quality Education in Madrasas):
The objective of this scheme is to promote the teaching of modern subjects such as Science, Mathematics, Social Studies, Hindi, and English in madrasas.

2.      IDMI (Infrastructure Development of Minority Institutes):
This scheme aims to improve the physical infrastructure in minority educational institutions.

Under SPQEM:
Madrasas are provided with financial assistance for the teaching of modern subjects. Teachers are trained to effectively deliver education in modern disciplines.

Under IDMI:
Minority institutions are supported in the development of infrastructure such as classrooms, laboratories, libraries, and other essential facilities.

This scheme is voluntary in nature and aims to integrate madrasas into the national educational framework. Under this initiative, madrasas are free to include modern education at their discretion.

The central government has discontinued both SPQEM and IDMI and merged them into the "Pradhan Mantri Jan Vikas Karyakram Yojna (PMJVKY)" so that all welfare schemes for minorities can be brought under a single platform.

9. Recommendations

• Mainstream subjects should be introduced in madrasas.
• Training courses should be offered for capacity building of teachers.
• State institutions should adopt a dialogue-based engagement with madrasas.
• Madrasas should be provided Legal Literacy so that they are aware of their rights and responsibilities.

Islamic madrasas are a significant religious and social heritage, and it is inaccurate to regard them merely as traditional institutions. In light of current laws and judicial decisions, there is a dire need to strike an intellectual and scholarly balance between their autonomy and educational development.

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References

1.      Ministry of Education, National Education Policy 2020

2.      Sachar Committee Report, Govt. of India, 2006

3.      NCPCR Report on Madrasas, 2022

4.      Allahabad High Court Judgement on Madrasa Education, 2024

5.      Supreme Court Observations on Minority Education, 2023

6.      Uttar Pradesh Madrasa Education Board Rules & Survey Report, 2023

7.      F. Rahman, Islamic Education in Modern India, Oxford University Press