Sharia courts have no legal standing: Top court slams Kazi ruling in divorce case
The Supreme Court, in a recent ruling, reaffirmed that all Sharia courts, including entities referred to as "Kazi courts", "Darul Qaza", or "Kaziayat courts", hold no legal status under Indian law and directives or decisions issued by these bodies are not binding, nor can they be enforced through legal means.The bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made the observations while ruling on an appeal by a Muslim woman who had challenged an order by the Allahabad High Court upholding a family court's decision to deny her maintenance.advertisementThe Suprem Court cited the 2014 ruling in Vishwa Lochan Madan vs Union of India, which had clarified that neither Sharia courts nor their fatwas enjoy recognition in Indian law. The top court reiterated that such institutions have no judicial standing and their pronouncements are not enforceable unless voluntarily accepted by the concerned parties and not in conflict with statutory law.
In the current case, the family court had denied maintenance to the petitioner on the ground that she was responsible for the marital discord. Its conclusion relied heavily on a "settlement deed" presented before a "Kazi court" in Bhopal in Madhya Pradesh.The Supreme Court strongly criticised this approach, stating that courts cannot rely on the declarations of non-judicial bodies like Sharia courts to determine legal entitlements. "Such declarations, even if voluntarily accepted, are at best applicable between the consenting parties and cannot bind third parties," the judgment noted.advertisementThe petitioner was married on September 24, 2002 as per to Islamic rituals. It was the second marriage for both parties. In 2005, the husband had filed for divorce before a "Kazi court", which was dismissed after a settlement. Three years later, in 2008, he initiated a second divorce proceeding in a "Darul Qaza" court. That same year, the wife filed a petition for maintenance under Section 125 of the Criminal Procedure Code.In 2009, after the Sharia body permitted the divorce, a formal talaqnama was pronounced.The family court, however, ruled against the woman, stating that the husband had not abandoned her, instead, it blamed her behaviour for the breakdown of the marriage. The court further held that since it was the couple's second marriage, there was no presumption of dowry demand — a reasoning the Supreme Court dismissed as speculative and inconsistent with legal principles."The family court's observation that there was no likelihood of dowry demand because it was a second marriage is baseless and contrary to legal reasoning," the Supreme Court held. It also clarified that the so-called settlement deed presented before the Kazi court could not be the basis for denying maintenance.The top court directed the husband to pay Rs 4,000 per month as maintenance to the petitioner from the date she filed her petition in the family court.
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