NEW DELHI: The Indian highest court on Monday declared that the Muslim courts, Darul Qaza and Darul Iftaa, running under Shariah rules are illegal; which cannot protect fundamental rights of any citizen via issuance of ‘Fatwas’.
Indian Supreme Court clarified that Shariah courts have no legal sanction and not a single citizen could be enforced to accept the decisions pronounced via ‘Fatwa’.
The decision was made while hearing of a petition filed by a New Delhi’s advocate challenging parallel religious courts running by Muslim institutions of India.
Advocate Vishwa Lochan Madan had filed the petition against the courts, Darul Qaza and Darul Iftaa, operating in nearly 60 districts of India across Muslim majority areas.
He also argued that a Muslim girl was forced to leave her husband following a Fatwa enforcing her to live with father-in-law who had allegedly raped her, Indian media reported.
The court replied petitioner, ‘Don’t be over dramatic’, added that “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 anyone can approach the court in case of finding Fatwas affecting fundamental rights of a citizen, reports said.
UPA government had told the court earlier that no interference will be made with the Muslim personal law unless it affects the fundamental rights of individuals.