Shariat court, fatwas are illegal, rules Supreme Court

New Delhi: Shariat courts run by Muslim clerics have no legal sanction and their decisions aren’t binding, the Supreme Court ruled on Monday, restraining the “Dar-ul-Qaza” and similar outfits from giving verdicts or issuing “fatwas” against those who had not sought it. The court, however, refused to declare Dar-ul-Qaza or the practice of fatwas illegal, saying it was an informal justice delivery system for amicable settlement between parties, and it was for those concerned to accept, ignore or reject it.

There was nothing wrong in issuing fatwas, it said, as long as these didn’t infringe upon the rights of individuals guaranteed under the law, and cautioned Dar-ul-Qaza not to issue fatwas against those who were not before it.

“We observe that no Dar-ul-Qazas or, for that matter, any body or institution, shall give verdicts or issue fatwas touching upon the rights, status and obligation of an individual unless such an individual has asked for it,” Justices C.K. Prasad and Pinaki Chandra Ghose said.