No religious institution can function as court, says Chhattisgarh High Court
The appellant, a 38-year-old Muslim woman from Raipur, had sought the quashing of the impugned order dated January 18, 2022, passed by the Idara- E-Shariya Islami Court, by which it had “passed the decision of giving Triple Talaq/Divorce to the petitioner”
The Chhattisgarh High Court has ruled that no religious institution or private body can assume the authority of a court, issuing its decision after a woman challenged a self-styled Sharia court order granting her a divorce under Muslim personal law. The Court emphasized that while religion can guide an individual's conscience and personal faith, no religious institution or private body can be permitted to assume the authority of a legally established court or use religious belief to determine or enforce an individual's legal status and rights.
The 38-year-old Muslim woman from Raipur had sought to quash the impugned order dated January 18, 2022, which granted triple talaq/divorce. She also challenged the existence of the self-styled Idara-E-Shariya Islami Court, arguing that its very existence violated the Constitution, Fundamental Rights to Life & Liberty, and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The Court held that Indian constitutional and legal framework does not recognize any parallel judicial system based on religion, and informal bodies styling themselves as Sharia Courts, Darul Qaza, or Courts of Kazi have no statutory recognition or judicial authority to adjudicate civil and matrimonial disputes.
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