India's Supreme Court sets rules for Sharia courts

Published July 7, 2014
A television journalist sets his camera inside the premises of the Supreme Court in New Delhi. — File photo
A television journalist sets his camera inside the premises of the Supreme Court in New Delhi. — File photo

NEW DELHI: India's Supreme Court Monday rejected a petition seeking to ban Sharia courts, but stressed that they had no legal powers over Muslims and their decisions could not be enforced.

India's 150 million Muslims follow their own laws governing family life and other personal issues such as marriage and divorce, with Sharia courts used to rule on such matters and mediate in disagreements.

The top court said that Islamic judges, who interpret religious law, could only rule when individuals submitted voluntarily to them and their decisions, or fatwas, were not legally binding.

“Sharia courts are not sanctioned by law and there is no legality of fatwas in this country,” C.K. Prasad said Monday as he read out the judgement from a two-judge bench.

The different personal laws followed by India's religious minorities are a sensitive political issue. The new Hindu nationalist government is committed to bringing in a common legal code for all.

Vishwa Lochan Madan, who petitioned the Supreme Court to disband Sharia courts, told AFP on Monday that his demand had been rejected.

“The Supreme Court observed that Sharia courts have no legal sanctity. But if people still want to approach these courts, it's their will,” he said.

He filed his petition in 2005 and cited a case in which a woman was told to leave her husband and children and live with her father-in-law who had raped her.

“No religion is allowed to curb anyone's fundamental rights,” the court added in its judgement while taking note of the case.

Qasim Rasool Niyazi, from the Muslim Personal Law Board, said the Supreme Court ruling vindicated his group's contention that Sharia courts were not a parallel judiciary.

They issue notices which are not legally binding, he explained. “It is just like an arbitration,” he told the NDTV channel, adding that qadis (Islamic judges) were required to follow the law of the land.

Opinion

Editorial

Ties with Tehran
Updated 24 Apr, 2024

Ties with Tehran

Tomorrow, if ties between Washington and Beijing nosedive, and the US asks Pakistan to reconsider CPEC, will we comply?
Working together
24 Apr, 2024

Working together

PAKISTAN’S democracy seems adrift, and no one understands this better than our politicians. The system has gone...
Farmers’ anxiety
24 Apr, 2024

Farmers’ anxiety

WHEAT prices in Punjab have plummeted far below the minimum support price owing to a bumper harvest, reckless...
By-election trends
Updated 23 Apr, 2024

By-election trends

Unless the culture of violence and rigging is rooted out, the credibility of the electoral process in Pakistan will continue to remain under a cloud.
Privatising PIA
23 Apr, 2024

Privatising PIA

FINANCE Minister Muhammad Aurangzeb’s reaffirmation that the process of disinvestment of the loss-making national...
Suffering in captivity
23 Apr, 2024

Suffering in captivity

YET another animal — a lioness — is critically ill at the Karachi Zoo. The feline, emaciated and barely able to...