Sharia courts have no legal authority to issue divorce decrees: Chhattisgarh HC

RAIPUR: The Chhattisgarh HC has held that self-styled Sharia courts or religious bodies possess no statutory authority to adjudicate civil or matrimonial disputes or alter the legal rights and marital status of citizens.Citing Supreme Court precedents, the bench stated that while religious opinion may guide personal faith, no private institution can assume the authority of a legally established court.The court Monday ruled that decisions or fatwas issued by such informal forums carry no legal weight and cannot be enforced through coercive means.A single bench of Justice Amitendra Kishore Prasad passed the order while partially allowing a writ petition filed by a Muslim woman, a resident of Raipur. The petitioner had challenged an order dated Jan 18, 2022, issued by the 'Idara-e-Sharia Islami court' in Raipur, which purported to declare her marriage dissolved after her husband, Mohd Abid Khan, pronounced triple talaq.The petitioner contended that private entities cannot assume judicial powers vested in courts established under the Constitution. She submitted that despite lodging complaints of harassment and setting the law in motion, the religious body issued a declaration affecting her marital status without giving her a chance to be heard.The state govt submitted that the Indian constitutional framework does not recognise any parallel judicial system based on religion. It argued that informal bodies styling themselves as Sharia courts or Darul Qaza (Islamic arbitration and counselling centre) lack statutory recognition and function at best as informal conciliation cells.Justice Prasad declared the order issued by the 'Idara-e-Sharia Islami court'' without legal authority and held that the religious body holds no jurisdiction to pass binding adjudications on matrimonial rights.The HC refrained from adjudicating on the constitutional validity of Talaq-e-Hasan, noting that the larger issue remains pending before the Supreme Court.You Can Also Check: Gold Rate in Raipur | Silver Rate in Raipur | Bank Holidays in Raipur | Public Holidays in Raipur | Raipur AQI | Weather in Raipur | Petrol Price in Raipur | Diesel Price in Raipur | CNG Price in Raipur | LPG Price in RaipurStay updated with the latest Raipur news. Download the TOI App.