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Shariat Courts Have No Legal Sanction: Supreme Court

JanjaWeed

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New Delhi: The Supreme Court has ruled that the Shariat courts have no legal sanction and no one is bound to accept a fatwa or diktat by such courts.

The top Court gave its verdict on a petition filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the Darul Qaza and Darul-Iftaa.

"No religion is allowed to curb anyone's fundamental rights," the court said today.

The petitioner had argued that Shariat courts are illegal and operated as parallel courts in the country deciding on religious and social freedoms of Muslim citizens, and that fundamental rights of Muslims cannot be controlled and curtailed by fatwas issued by qazis and muftis appointed by Muslim organisations.

While reserving the verdict in February this year, the Supreme Court observed that it cannot interfere with fatwas or religious decrees issued by Muslim clerics, "These are political-religious issues. We can't decide them. In this country some people believe Gangajal can cure all ailments. It is a matter of belief."

The petitioner also told the court that the Darul Qaza and Darul-Iftaa function in 52 to 60 districts which have a sizeable Muslim population. He said Muslims cannot contest these decrees or fatwas, and alleged that these interfere with the life and liberty of citizens. Mr Madan had also argued that a Muslim girl had to desert her husband because a fatwa directed her to live with her father-in-law who had allegedly raped her.

"Don't be over dramatic," the court told the petitioner, adding, "We will come to her rescue. You are assuming all fatwas are irrational. Some fatwas may be wise and may be for general good also. People in this country are wise enough. If two Muslims agree for mediation, who can stay it? It is a blend of arbitration and mediation."

The Muslim Personal Law Board argued that if fatwas affect fundamental rights, one can approach the court. The then UPA government had told the court that it will not interfere with the Muslim personal law unless it affects the fundamental rights of individuals.

Shariat Courts Have No Legal Sanction: Supreme Court - NDTV
 
Do your fatwa and shariah in your personal space and amongst yourselves - but limit it to only that - when it comes to an individual's fundamental rights - no crazy buffoon has the right to say what's right and what's wrong.

Good decision by the supreme court - let them live with their medieval courts till it doesn't go beyond their own personal space.
 
I have a question. One of my friend just got divorced and he obtained Talaaknaama from a Maulana. Now is that Talaaknaama still a legal document after this verdict??
 
I have a question. One of my friend just got divorced and he obtained Talaaknaama from a Maulana. Now is that Talaaknaama still a legal document after this verdict??

I dont think so, if the Maulana didnt have required permit to do so. Even now whose marriage is after 2005, there marriage is not legitimized until they registered there marriage in court.
 
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