Fatwas issued by Muslim clerics cannot infringe upon human rights of an individual, held the Supreme Court in a first of its kind judgment on Monday that drew the line for Shariat courts to issue its opinion only for/against persons who approach them.
The apex court held, “No Dar-ul-Qazas or for that matter, anybody or institution by any name, shall give verdict or issue fatwa touching upon the rights, status, and obligation of an individual unless such an individual has asked for it.”
The court was dealing with a PIl filed by advocate Vishwa lochan Madan, who cited instances to show how Shariat courts passed fatwas targeting innocent women. The Bench of Justices CK Prasad and PC Ghose ruled that the Shariat courts had no legal status, meaning thereby that the fatwa issued by clerics was an opinion and not a decree and would not bind any individual including the person who approached for such order.
But going through the instances highlighted by the petitioner, the Bench felt that since fatwas emanate as a religious diktat and are meant to be observed by all “God-fearing Muslims”, it has a “psychological impact”.
The Bench said, “Whatever may be the status of a fatwa during Moghul or British Rule, it has no place in independent India under our Constitutional scheme,” adding that being without legal sanction, “it cannot be enforced either by Dar-ul-Qaza issuing that or the person concerned or for that matter anybody.”
The story of a young Muslim woman Imrana served as an “eye-opener” to the court which held that fatwas cannot be issued to target innocents.The incident related to a woman who was sexually assaulted by her father-in-law. At the instance of a total stranger, her case was decided by a Muslim court which issued fatwa separating her from her husband. “In this way a declaratory decree for dissolution of marriage and decree for perpetual injunction were passed though neither the wife nor husband approached for any opinion,” the court pointed out.
laying down the law, the Bench said, “Fatwas touching upon the rights of an individual at the instance of rank strangers may cause irreparable damage and therefore, would be absolutely uncalled for. It shall be in violation of basic human rights.”The court further clarified that its judgment does not mean that “existence of Dar-ul-Qaza or the practice of issuing fatwas are themselves illegal.” While fatwa may be issued concerning an individual on his asking or on behalf of the person interested in the matter (in case of an incapacitated person), in no situation can it be used to punish innocents since no religion preaches so, the Bench said.
The Centre which appeared in the case argued that the fatwas are advisory in nature which did not bind Muslims. The All India Muslim Personal law Board and Dar-ul-Uloom contended that it was for the parties who obtain fatwas to abide by it and disputed the petition which termed such courts as a parallel judiciary.