SC: The order of Sharia courts is not final
- 5 years ago
The Supreme Court has ruled that Sharia courts have no legal sanctity. In a landmark judgement on Monday, the apex court said that fatwas cannot be issued against individuals if it affects his or her rights. The court was hearing a petition challenging the functioning of parallel courts in India.
In a petition filed in 2005, the petitioner had argued that Sharia courts are illegal and operated as parallel courts in the country deciding on religious and social freedoms of Muslim citizens. The petitioner had claimed that fundamental rights of Muslims cannot be controlled and curtailed by fatwas issued by qazis and muftis appointed by Muslim organisations.
Muslim Personal Law Board had said that if fatwas affect fundamental rights, one can approach the court. The previous government had said that it will not interfere with the Muslim personal law unless it violates the fundamental rights of individuals.
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In a petition filed in 2005, the petitioner had argued that Sharia courts are illegal and operated as parallel courts in the country deciding on religious and social freedoms of Muslim citizens. The petitioner had claimed that fundamental rights of Muslims cannot be controlled and curtailed by fatwas issued by qazis and muftis appointed by Muslim organisations.
Muslim Personal Law Board had said that if fatwas affect fundamental rights, one can approach the court. The previous government had said that it will not interfere with the Muslim personal law unless it violates the fundamental rights of individuals.
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