New Delhi: The Supreme Court has said that it cannot interfere with fatwas or religious decrees issued by Muslim clerics.
"These are political-religious issues. We can't decide them. In this country some people believe Gangajal can cure all ailments. It is a matter of belief," the top court said while reserving verdict on a petition against Shariat courts and their fatwas.
The Public Interest Litigation or PIL has been filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the Darul Qaza and Darul-Iftaa.
Mr Madan has argued that 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.
The petitioner also told the court that the 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 that these interfere with the life and liberty of citizens.
"Don't be over dramatic," the court told the petitioner, adding, "We will come to her rescue. You are assuming all fatwas are irrational. Some fatwa may be wise and may be for general good also. People in this country are wise enough. If two Muslims agree for mediation, who can stay it? It is a blend of arbitration and mediation."
The Muslim Personal Law Board argued that if fatwas affect fundamental rights, one can approach the court.
"We could make a national policy that issues of personal matters in family courts should be decided by people of the same religion. But it might divide the country again," the top court observed.
The Centre has told the Supreme Court that it is being very cautious ahead of the general elections, due by May, and that it will not interfere in Muslim personal law unless it affects the fundamental rights of citizens.
"These are political-religious issues. We can't decide them. In this country some people believe Gangajal can cure all ailments. It is a matter of belief," the top court said while reserving verdict on a petition against Shariat courts and their fatwas.
The Public Interest Litigation or PIL has been filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the Darul Qaza and Darul-Iftaa.
The petitioner also told the court that the 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 that these interfere with the life and liberty of citizens.
Advertisement
The Muslim Personal Law Board argued that if fatwas affect fundamental rights, one can approach the court.
Advertisement
The Centre has told the Supreme Court that it is being very cautious ahead of the general elections, due by May, and that it will not interfere in Muslim personal law unless it affects the fundamental rights of citizens.
COMMENTS
Advertisement
"Fashion Parade Going On?" Chief Justice Pulls Up Lawyer Without Neckband "What Is This...": Supreme Court Junks Bilkis Bano Convicts' Bail Pleas Restrictive Statutory Provisions Don't Prevent Bail: Supreme Court Newly Married Indian-Origin Man Shot Dead In US In Suspected Road Rage 14 Work Hours A Day, 70 A Week: Karnataka Plans New Bill For Techies "Ramdev Has No Issue, Then Why Does Rahman?": Yoga Guru On Kanwar Yatra Row Twins Fall In Front Of Sydney Train, "Heroic" Father, 2-Year-Old Killed In Violence-Hit Bangladesh, Top Court Urges Students To Return To Class Kerala Woman, Who Fell Unconscious After Being Given Wrong Injection, Dies Track Latest News Live on NDTV.com and get news updates from India and around the world.