Nature, scope and legal sanctity of fatwa: Fatwa is an opinion, - TopicsExpress



          

Nature, scope and legal sanctity of fatwa: Fatwa is an opinion, only an expert is expected to give. It is not a decree and is neither binding on anyone nor enforceable. Only adjudication by a legal authority sanctioned by law is enforceable and binding. Fatwa issued by whatever body, not emanating from any judicial system recognized by law, has no legal value. It is within discretion of persons concerned to obey fatwa, or defy it or simply ignore it. Hence, only voluntary submission/acceptance to fatwa is permissible. Forceful imposition/enforcement of fatwa by any person or body would be illegal and dealt with in accordance with law. [Vishwa Lochan Madan v. Union of India] [(2014) 7 SCC 707]
Posted on: Sat, 13 Sep 2014 13:43:58 +0000

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