The Supreme Court ruled that Shariat courts did not have any sanction of law and that fatwas could not be issued to trample upon rights of individuals:- The Supreme Court on Monday ruled that fatwas have no legal sanction. The apex court said that either Darul Qaza or any mufti cannot issue fatwas and try to enforce against a person who has not approached for religious opinion. The SC said religion or faith cannot be used to victimize innocents. The SC said no law has given any recognition to fatwas. The apex court cited the Imrana case and said fatwas can cause irreparable damage to the rights of an individual. The SC said though religious opinion as fatwas have a laudable object, it cannot be enforced the moment it breaches the fundamental rights of a person. A bench led by Justice C K Prasad held that such institutions cannot issue diktat affecting the rights of the people and their decrees will be invalid and also illegal. While refraining from issuing a blanket order prohibiting parallel courts run by institutions like the Darul Qaza and Darul-Iftaa, the bench made it clear that fatwas cannot be used to punish innocent people. “No religion including Islam encourages people to punish innocents through decrees not sanctioned by law,” it said. The bench said that while there was no obligation on people to abide by their directives, clerics or institutions can issue fatwas only if parties approach them for adjudication of disputes. The court said that the case in hand was an “eye-opener” wherein a Muslim girl had to desert her husband because a fatwa directed her to live with her father-in-law who had allegedly raped her. While reserving its verdict on the petition filed by advocate Vishwa Lochan Madan, the bench had earlier observed that fatwas or religious decrees being issued by Muslim clerics were a “matter of faith and choice” and it would be difficult for a court to issue blanket orders on banning them. It had said that a court can interfere only when somebody’s rights are violated by these decrees. “Which law gives power to issue fatwa and which statute gives pundit power to make horoscope? Court can only say that the state will protect the people if one is subjected to suffering due to fatwa…These are are political and religious issues,” it had said. Madan in his petition had challenged the constitutional validity of Shariat courts for allegedly running a parallel judicial system in the country. Madan claimed Mandan argued Darul Qaza and Darul-Iftaa function in 52 to 60 districts which have a sizeable Muslim population. He said Muslims cannot contest these decrees or fatwas, and alleged these interfere with the life and liberty of citizens.
Posted on: Mon, 07 Jul 2014 07:04:51 +0000
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