Latest news with #DarulQaza
Hans India
29-04-2025
- Politics
- Hans India
Supreme Court Rules Sharia Courts Have No Legal Standing In India
The Supreme Court has definitively stated that all religious tribunals operating as Sharia courts, whether called "Kazi courts," "Darul Qaza," or "Kaziayat courts," possess no legal authority within India's judicial framework, and their rulings cannot be legally enforced unless voluntarily accepted by all parties and consistent with national law. This clarification came from Justices Sudhanshu Dhulia and Ahsanuddin Amanullah while deciding an appeal from a Muslim woman contesting an Allahabad High Court order that had upheld a family court's refusal to grant her maintenance payments. In its judgment, the Court referenced the landmark 2014 case of Vishwa Lochan Madan vs Union of India, which established that neither Sharia courts nor their religious edicts (fatwas) are recognized within the Indian legal system. The bench emphasized that such religious institutions lack judicial authority, and their pronouncements hold no legal weight unless willingly accepted by the involved parties and not in conflict with statutory provisions. The case centered on a family court's denial of maintenance to the petitioner based on allegations that she was responsible for marital problems. This conclusion relied primarily on a "settlement deed" presented before a Bhopal-based "Kazi court" in Madhya Pradesh. The Supreme Court sharply criticized this reasoning, asserting that courts cannot base legal entitlement determinations on declarations from non-judicial religious bodies. The judgment noted, "Such declarations, even if voluntarily accepted, are at best applicable between the consenting parties and cannot bind third parties." The petitioner had married according to Islamic customs on September 24, 2002—a second marriage for both spouses. In 2005, her husband sought divorce through a "Kazi court," which dismissed the case after reaching a settlement. In 2008, he initiated another divorce proceeding in a "Darul Qaza" court, while the wife filed for maintenance under Section 125 of the Criminal Procedure Code that same year. By 2009, the Sharia body permitted the divorce, resulting in a formal talaqnama (divorce certificate). The family court ruled against the woman, claiming her husband had not abandoned her and attributing the marriage breakdown to her behavior. The court also reasoned that as a second marriage, dowry demands were unlikely—logic the Supreme Court dismissed as speculative and legally unsound. "The family court's observation that there was no likelihood of dowry demand because it was a second marriage is baseless and contrary to legal reasoning," the Supreme Court declared. It further clarified that the purported settlement document from the Kazi court could not justify denying maintenance. The Court ordered the husband to pay monthly maintenance of Rs 4,000 to the petitioner, retroactive to the date of her original family court petition.
India Today
29-04-2025
- India Today
Sharia courts have no legal standing: Top court slams Kazi ruling in divorce case
The Supreme Court, in a recent ruling, reaffirmed that all Sharia courts, including entities referred to as "Kazi courts", "Darul Qaza", or "Kaziayat courts", hold no legal status under Indian law and directives or decisions issued by these bodies are not binding, nor can they be enforced through legal bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made the observations while ruling on an appeal by a Muslim woman who had challenged an order by the Allahabad High Court upholding a family court's decision to deny her Suprem Court cited the 2014 ruling in Vishwa Lochan Madan vs Union of India, which had clarified that neither Sharia courts nor their fatwas enjoy recognition in Indian law. The top court reiterated that such institutions have no judicial standing and their pronouncements are not enforceable unless voluntarily accepted by the concerned parties and not in conflict with statutory law. In the current case, the family court had denied maintenance to the petitioner on the ground that she was responsible for the marital discord. Its conclusion relied heavily on a "settlement deed" presented before a "Kazi court" in Bhopal in Madhya Supreme Court strongly criticised this approach, stating that courts cannot rely on the declarations of non-judicial bodies like Sharia courts to determine legal entitlements. "Such declarations, even if voluntarily accepted, are at best applicable between the consenting parties and cannot bind third parties," the judgment petitioner was married on September 24, 2002 as per to Islamic rituals. It was the second marriage for both parties. In 2005, the husband had filed for divorce before a "Kazi court", which was dismissed after a settlement. Three years later, in 2008, he initiated a second divorce proceeding in a "Darul Qaza" court. That same year, the wife filed a petition for maintenance under Section 125 of the Criminal Procedure 2009, after the Sharia body permitted the divorce, a formal talaqnama was family court, however, ruled against the woman, stating that the husband had not abandoned her, instead, it blamed her behaviour for the breakdown of the marriage. The court further held that since it was the couple's second marriage, there was no presumption of dowry demand — a reasoning the Supreme Court dismissed as speculative and inconsistent with legal principles."The family court's observation that there was no likelihood of dowry demand because it was a second marriage is baseless and contrary to legal reasoning," the Supreme Court held. It also clarified that the so-called settlement deed presented before the Kazi court could not be the basis for denying top court directed the husband to pay Rs 4,000 per month as maintenance to the petitioner from the date she filed her petition in the family court.
NDTV
28-04-2025
- General
- NDTV
Islamic Court Judgments Not Legally Valid Or Enforceable: Supreme Court
New Delhi: Islamic courts like "Qazi's Court", "Kaziyat's Court (Darul Qaza)" or "Sharia Court' have no recognition in law, the Supreme Court has reiterated. The court made it clear that any direction given by them is not applicable in law and neither are their decisions binding. A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah -- while hearing an appeal by a woman seeking alimony on February 4 -- cited a 2014 judgment that said Shariat courts and fatwas do not have legal recognition. The woman was refused alimony by the family court which had relied on a settlement deed filed before an Islamic court. The decision was upheld by the Allahabad High Court. Criticising the approach of the Family Court, Justice Amanullah underscored that 'Qazi Court', '(Darul Qaza) Kaziyat Court', 'Sharia Court' and similar others have no recognition in law. Their decision is not binding and no one can be coerced into accepting it. The exception was when the affected parties voluntarily accept the decision and act upon it and such action is not in conflict with the law of the land. Even then, such decisions will be valid only between the parties who choose to accept it and not for a third party, the top court said. The judges also criticized the reasoning of the Family Court that since it was the second marriage of both parties, there was no possibility of the husband demanding dowry. Such a conclusion is conjecture and shows an ignorance of law, the top court said. The bench directed the woman's former husband to pay Rs. 4,000 per month as maintenance. This payment should date from the time she went to the family court, the judges decided. The woman was married in September 2002 through Islamic ceremony. It was the second marriage for both. Her husband divorced her in 2009 through an Islamic court. The woman then approached the Family Court seeking maintenance, but it rejected her claim pointing out that her husband had not abandoned her. She herself was the main cause of the dispute and departure from the matrimonial home due to her nature and conduct, the Family Court said.
