Shariat courts run by Muslim clerics have no legal sanction and their decisions are not binding, the Supreme Court ruled today restraining fora like 'Dar-ul-Qazas' from giving verdicts or issuing 'fatwas' against a person who has not asked for it.
The apex court, however, refused to declare Dar-ul-Qaza or practice of issuing fatwas as illegal, saying it is informal justice delivery system for bringing amicable settlement between the parties and it is for the persons concerned to accept, ignore or reject it.
It said that there is nothing wrong in issuing fatwas so long it does not infringe upon the rights of individuals guaranteed under law and cautioned Dar-ul-Qaza not to issue fatwa against a person who is not before it.
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"We observe that no Dar-ul-Qazas or for that matter, any body 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," a bench of justices C K Prasad and Pinaki Chandra Ghose said.
"In any event, the decision or the fatwa issued by whatever body being not emanating from any judicial system recognised by law, it is not binding on anyone including the person, who had asked for it.
"Further, such an adjudication or fatwa does not have a force of law and, therefore, cannot be enforced by any process using coercive method. Any person trying to enforce that by any method shall be illegal and has to be dealt with in accordance with law," the apex court said in its 20-page judgement.
It said issuance of fatwa on rights, status and obligation of individual Muslims, is not permissible, unless asked for by the person concerned or in case of incapacity, by the person interested.
"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.
"It cannot be used to punish innocent. No religion including Islam punishes the innocent. Religion cannot be allowed to be merciless to the victim. Faith cannot be used as dehumanising force," it said.
