M A I N   N E W S

SC says Shariat courts have no legal sanction 
R Sedhuraman
Legal Correspondent

A Bench comprising Justices CK Prasad and PC Ghose held that the logic behind setting up such a court "may be laudable but we have no doubt in our mind that it has no legal status...A fatwa is an opinion...It is not a decree, not binding on the court (established under law) or the state or the individual. It is not sanctioned under our constitutional scheme."

But this does not mean that the existence of Dar-ul-Qaza or for that matter the practice of issuing 'fatwas' was illegal, the Bench clarified. "It is an informal justice delivery system with an objective of bringing about amicable settlement between parties. It is within the discretion of the persons concerned either to accept, ignore or reject it," the SC held.

"In our opinion, one may not object to the issuance of 'fatwa' on a religious or any other issue so long as it does not infringe upon the rights of individuals guaranteed under law," it clarified.

Fatwa might be issued at the instance of a stranger in respect of issues concerning the community at large, but not in matters concerning individuals and their rights.