MUSLIM LAW: Sharia Courts As held by the Supreme Court of India, the opinion or the Fatwa issued by Dar-ul-Qaza or for that matter anybody is not adjudication of dispute by an authority under a judicial system sanctioned by law. A Qazi or Mufti has no authority or powers to impose his opinion and enforce his Fatwa on any one by any 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 is within the discretion of the persons concerned either to accept, ignore or reject it. The Court has observed that no Dar-ul-Qazas or for that matter, anybody or institution by any name, shall give verdict or issue Fatwa touching upon the right, status and obligation of an individual unless such an individual has asked for it. In any event, the decision or the Fatwa issued by whatever body being not emanating from any judicial system recognized by law, is not binding on anyone including the person, who had asked for it. Vishwas Lochan Madan v. Union of India , WP (Civil) No. 386 of 2005; Decided on 7-7-2014 [Chandramauli Kr. Prasad and Pinaki Chandra Ghose, JJ.]
Posted on: Sun, 14 Dec 2014 12:28:00 +0000
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