Supreme Court: Shariah Courts Illegal

This article was last updated on April 16, 2022

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The Supreme Court of India this Monday announced that the Shariat Court has no legal status in India and issuing fatwa or order against a person who is not before it, has no sanction of law. The court further added that orders by such courts violate human rights and also punish innocent persons.

A bench headed by justice CK Prasad informed that no religion, including Islam, allows punishing the innocent and ordered that no ‘Darul Qaza’ should give verdict which affects rights of a person who is not before it. “Sharia courts are not sanctioned by law and there is no legality of fatwas in this country,” said Prasad as he read out the judgment from a two-judge bench. The court further informed that the Islamic judges can only order punishments when the individuals submit to their decisions willingly or else they were not legally binding. The SC was hearing a petition filed by Delhi-base advocate Vishwa Lochan Madan, told AFP this Monday that his demand had been rejected.

“The Supreme Court observed that Sharia courts have no legal sanctity. But if people still want to approach these courts, it’s their will,” he said. The court also added that “No religion is allowed to curb anyone’s fundamental rights.” India’s 150 million Muslims follow their own laws governing family life and other personal issues such as marriage and divorce, with Sharia courts used to rule on such matters and mediate in disagreements.

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