Bench:
Chandramauli Kr. Prasad, Pinaki Chandra Ghose
Appellant:
Vishwa Lochan Madan
Respondent:
Union of India & Ors
Issue
I) Whether Dar-ul-Qaza is a parallel court and Fatwa has any legal status?
Facts
- The allegation of the petitioner that Dar-ul-Qazas, spread everywhere on the nation are working as an equal legal framework intended to manage equity to Muslims living in this nation as according to Shariat i.e., Islamic Canonical Law dependent on the lessons of the Quoran and the traditions of the Prophet.
- The petitioner to file this writ petition is in the abundance of upsetting Fatwas including a Fatwa given by Dar-ul-Uloom of Deoband.
Appellant’s Contentions
- The Petitioner asserts that every one of these Fatwas have the support of All India Muslim Personal Law Board and it is making progress toward the foundation of equal Muslim legal framework in India.
- Further statement looked for is that the decisions and fatwas articulated by specialists have no bearing in the Indian Constitutional framework, and the equivalent are unenforceable being entirely non-est and void ab-initio.
- The applicant needed that the powerful strides to disband and diffuse all Dar-ul-Qazas and the Shariat Courts and to guarantee that the equivalent don't capacity to settle any matrimonial-disputes under the Muslim Personal Law.
- The petitioner further contended that limit the respondents from setting up an equal Muslim Judicial System, between interfering with the marital status of Indian Muslims and to pass any judgments.
- Further, contended that All India Muslim Personal Law Board (Respondent No.9), Dar-ul-Uloom Deoband, and other Dar-ul-Ulooms in the country, not to train or choose Qazis, Naib-Qazis or Mufti for delivering any legal administrations of any sort.
Respondent’s Contentions
- Dar-ul-Qaza can be seen as an alternative dispute resolution mechanism, which endeavours to settle disputes outside the courts expeditiously in an amicable and inexpensive manner and, in fact, have no power or authority to enforce its orders and, hence, it can't be named as either in struggle with or corresponding to the Indian Judicial System.
- Few bad examples may not justify abolition of system, which in any case is discovered valuable and powerful.
- It is informal justice delivery system aimed to achieve about amicable settlement of matrimonial disputes between the parties. According to this respondent, Dar-ul-Qazas have no position, means or force to get their Fatwas executed and the writ petition depends on obliviousness as well as misguided judgment that they are equal courts or the legal framework.
- Dar-ul-Uloom, Deoband concedes issuing Fatwa in Imranas case according to Fiqah-e-Hanafi, which depends on Quaran and Hadith yet declares that it has no agency or powers to uphold its Fatwas. It is within the discretion of the people or the parties who get Fatwas to abide by it or not.
Judgment
From the pleadings of the parties there does not appear to be any dispute that several Dar-ul-Qazas directed by the Qazis exist and they issue Fatwas. We would like to advise the Dar-ul-Qaza or besides anyone not to give any reaction or issue Fatwa concerning an individual, except if requested by the individual involved or the individual having an immediate interest in the matter. The Court held that the petition filed and was thus dismissed. Considering the fact and circumstances of the case, there was no order as to costs.
Relevant Paragraphs
In para 1, According to the petitioner, the Board, Imarra-e- Sharia of various States and Imarra-e-Sharia, Phulwari Shariff have set up Dar-ul-Qazas, spread everywhere on the country.Camps are being coordinated to train Qazis and Naib Qazis to direct justice as per Shariat. Dar-ul-Qaza and Nizam-e-Qaza are exchangeable terms. It is the claim of the applicant that Dar-ul-Qazas, spread everywhere in the nation are working as parallel judicial system aimed to regulate justice to Muslims living in the nation as per Shariat i.e., Islamic Canonical Law dependent on the teachings of the Quoran and the traditions of the Prophet. What maybe incited the applicant to record this writ appeal is the aplenty of unpleasant Fatwas including a Fatwa given by Dar-ul-Uloom of Deoband.
In para 4, Petitioner affirms that every one of these Fatwas have the support of All India Muslim Personal Law Board and it is taking a stab at the foundation of parallel Muslim judicial system in India.
In para 5, the applicant has looked for a statement that the development/exercises being sought after by All India Muslim Personal Law Board and other comparative associations for foundation of Muslim Judicial System and setting up of Dar-ul-Qazas (Muslim Courts) and Shariat Court in India are totally illicit, ill-conceived and unlawful. Further affirmation looked for is that the decisions and fatwas articulated by specialists have no bearing in the Indian Constitutional framework, and the equivalent are unenforceable being completely non-est and void ab-initio.
In para 6, The stand of the Union of India is that Fatwas are advisory in nature and no Muslim is bound to follow those. Further, Dar-ul-Qaza does not regulate criminal justice and it truly works as an arbitrator, mediator, negotiator or conciliator in matters pertaining to family dispute or any other dispute of civil nature between the Muslims. According to the Union of India, Dar-ul-Qaza can be seen as an alternative dispute resolution mechanism, which endeavours to settle disputes outside the courts quickly in an amicable and inexpensive manner and, in fact, have no power or authority to uphold its orders and, subsequently, it cannot be termed as either in struggle with or parallel to the Indian Judicial System.
In para 7, All India Muslim Personal law Board doesn’t deny the allegations that it had Set up Dar-ul-Qazas and training Qazis and Naib Qazis and the act of issuing Fatwas but claims that Dar-ul- Qaza/Nizam-e-Qazas are not parallel judicial systems set up in derogation of or in conflict with the recognised judicial system. It is informal justice delivery system aimed to bring about amicable settlement of matrimonial disputes between the parties. According to this respondent, Dar-ul-Qazas have no authority, means or force to get their Fatwas carried out and the writ petition depends on ignorance and/or misconception that they are parallel courts or judicial system.
Last second para, A Fatwa is an opinion, just a specialist is required to give. It is not a decree, not restricting on the court or the State or the individual. It is not authorized under our constitutional scheme. Yet, this doesn't imply that presence of Dar-ul-Qaza or besides practice of giving Fatwas are themselves unlawful. It is an informal justice conveyance framework with a target of achieving agreeable settlement between the gatherings. It is within the circumspection of the people concerned either to acknowledge, overlook or reject it.
Last para, In the light of what we have seen over, the supplication made by the candidate in the terms looked for cannot be granted. Nonetheless, we see that no Dar-ul-Qazas or besides, anyone or foundation by any name, will give a decision or issue Fatwa addressing the rights, status, and commitment, of an individual except if a particular individual has requested it. On account of the inadequacy of a particular individual, any individual inspired by the government assistance of such an individual might be allowed to address the reason for the concerned person. Regardless, the choice or the Fatwa gave by whatever body being not radiating from any legal framework perceived by law, it isn't restricting on anybody including the individual, who had requested it. Further, such arbitration or Fatwa doesn't have a power of law and, thusly, can't be authorized by any interaction utilizing the coercive technique. Any individual attempting to authorize that by any technique will be illicit and must be managed as per law.
