Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Muslim Law - Muslim Courts - Decisions of bar-ul-Qaza or the Fatwa |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Muslim Law - Muslim Courts - Decisions of bar-ul-Qaza or the Fatwa - Held: Do not satisfy any of the r~quirements of C any legal judicial system ~A Qazi or Mufti has no authority or powers to impose his opinion and·enforce his Fatwa on any one by any coercive method - Whatever may be the status of Fatwa during Mogul.or British Rule, it has no place in independent India under our Constitutional scheme - D Grievance of the petitioner that Dar-ul-Qazas and Nizam-e- Qaza are running a parallel judicial system is misconceived - Fatwa is not a decree, not binding on the court or the State or the individual - But this does not mean that existence of Dar-ul-Qaza or for that matter practice of issuing Fatwas ar~ E themselves illegal - It is informal justice delivery system with an objective of bringing about amicable settlement between the parties - It is within the discretion of the persons concerned either to accept, ignore or reject it - No Dar-ul-Qazas or for that matter, anybody or institution by any naine, shall give F verdict or i~ue Fatwa touching upon the rights, status and obligation, of an individual unless such an individual has asked for it - In the case of incapacity of such an individual, any person interested in the welfare of such person may be permitted to represent the cause of concerned individual - In any event, the decision or the Fatwa issued· by whatever body being not emanating from any judicial system recognised by law, it is not binding on anyone including the person, who had asked for it - Further, such an adjudication or Fatwa does not have a force of law and, therefore, cannot be enforced by any process using coercive method - Any person trying to enforce that by any method shall be illegal and has to be dealt with in accordance with law. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2014 INSC 469 |
Petitioner | Vishwa Lochan Madan |
Respondent | Union Of India & Ors. |
SCR | [2014] 8 S.C.R. 195 |
Judgement Date | 2014-07-07 |
Case Number | 386 |
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