07 July 2014

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Supreme Court Fatwa not binding Fatwa has no place in India

SC Fatwa not binding Fatwa has no place in India

Fatwa is basically an opinion delivered by an expert in Muslim personal law, can be issued only if parties approach them for adjudication of disputes, which are primarily civil and matrimonial in nature. A qaza is an order or a decree passed by Shariat courts.

Supreme Court of India said that fatwa has no legal sanction, and restrained Shariat courts from unilaterally issuing directives that may affect the rights of Muslims.

“In any event, the decision or the fatwa issued by whatever body, being not emanating from any judicial system recognized by law, it is not binding on anyone including the person who had asked for it. Further, such an adjudication or fatwa does not have force of law and, therefore, cannot be enforced by any process using coercive method,”

“The person or the body concerned may ignore it and it will not be necessary for anybody to challenge it before any court of law. It can simply be ignored. In case any person or body tries to impose it, their act would be illegal. A Qazi or Mufti has no authority or powers to impose his opinion and enforce his fatwa on any one by any coercive method,”

Supreme of court India refused to declare these institutions, or the practice of issuing fatwas, as illegal, and noted that nobody may have an objection to the issuance of fatwas on religious or some community-related issues.

The Supreme Court passed the verdict on a PIL filed by advocate Vishwa Lochan Madam questioning the constitutional validity of Sharia courts which allegedly run a parallel judicial system in the country.

The ruling of the Supreme Court was delivered in a public interest suit moved 10 years ago that alleged Muslim bodies were running parallel courts.

The case was filed in the wake of an incident in which a woman was told to leave her husband and children and live with her father-in-law who had raped her. Such kinds of fatwas are being issued, according to the petition, violating the fundamental rights of the citizens.

All India Muslim Personal Law Board had earlier submitted that fatwa was not binding on people and it was just an opinion of a ‘mufti’ (cleric) and he has no power and authority to implement it.

The decision or the fatwa issued by Dar-ul-Qazas is not binding on anyone.

Fatwa does not have a force of law and, therefore, cannot be enforced.

Shariat courts run by Muslim clerics have no legal sanction and their decisions are not binding on community members

Excellent judgement by SC

Let us hope BJP government does not give legal status to such organizations who control the society

Before this SC has given such judgement regarding KHAP also

Reality views by sm –

Monday, July 07, 2014