In a major relief to the Muslim community of the State Capital, the Supreme Court has set aside the Madhya Pradesh High Court (MPHC) order prohibiting issuance of 'fatwas' by the Dar-ul-Qaza and Dar-ul-Ifta.
The Supreme Court in a recent judgment said that the object of establishment of such courts as Dar-ul-Qaza and Dar-ul-lfta is laudable but there is no doubt that it has no legal status.
A bench of three Judges of the Supreme Court comprising the then Chief Justice M lodha, Justice Kurian Joseph and Justice Rohinton Pali Nariman set aside the restraint put in by the HC to issuance of 'fatwa' by the Dar-ul-Qaza and Dar-ul-Ifta functioning under the administration of the Bhopal Masajid Committee.
The Supreme Court had said in its judgement in the case of Vishwa lochan Madan, "In our opinion, one may not object to issuance of 'fatwa' on a religious issue or any other issue so long as it does not infringe upon the rights of individuals guaranteed under the law. Fatwa may be issued in respect of issues concerning the community at large."
The Supreme Court observed that the legality and correctness of the impugned order of the two-member bench of the HC in the case of Mohammad Zahir Khan Koti versus Masajid Committee, Bhopal, and Others is not required to be gone into detail in view of the pronouncement of the decision of the Supreme Court in Vishwa lochan Madan Vs. Union of India and Others.
The Supreme Court said the judgment of the HC shall be treated as substituted by the above order laid down by it.
A 'fatwa' is an opinion only an expert is expected to give. It is not a decree, nor binding on the court or the State or the individual. It is not sanctioned under the constitutional scheme. But this does not mean that existence of Dar-ul-Qaza or for that matter practice of issuing 'fatwas' are themselves illegal, the SC clarified.
The judgment said that it is 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. However, as the "fatwa" gets strength from the religion it causes serious psychological impact on the person intending not to abide by that.
Notably, Masajid Committee was constituted at the time of merger of Bhopal State into the Indian Union.