Separation of powers: Indian top court rules fatwas not legally binding

Civil, not religious law is binding on Indian citizens, court says.

NEW DEHLI: India’s top court ruled on Monday that fatwas (Islamic edicts) have no legal sanction and no Darul Qaza or mufti can enforce such a ruling on a citizen who has not sought a religious opinion.

Stating that civil and not religious law is binding on Indian citizens, the Supreme Court of India said Shariah courts have no sanction and cannot function as parallel courts, particularly if the rights guaranteed under the Constitution are breached.

The verdict was given by the top court on a petition filed by Delhi-based advocate Vishwa Lochan Madan, challenging institutions like Darul Qaza and Darul Iftaa.

Citing the case of Imrana, a 28-year-old Muslim woman who was sexually assaulted by her father-in-law in 2005 and subsequently had her marriage declared void by clerics in Charthawal village in Muzaffarnagar district, the SC said fatwas can cause irreparable damage to the rights of an individual. The Imrana case sparked an outcry, as the rape was dealt with as a case of adultery.

A bench headed by Justice CK Prasad said that no religion, including Islam, allows innocent persons to be punished and ordered that no Darul Qaza should give a verdict that affects the rights of a person who is not present at the time of ruling.

The All India Personal Law Board had earlier submitted that a fatwa is not binding and is an opinion expressed by a mufti or cleric, who does not have the power and authority to implement it.

The counsel, appearing for the board, had said if a fatwa was sought to be implemented against the wish of the person concerned, then he could approach a court of law. The Muslim Personal Law Board concurred with the court’s ruling.

Published in The Express Tribune, July 8^th, 2014.