The
apex court said there is "no doubt" that such a court has no legal
status while noting that in some cases, orders were being passed by them
which violate human rights and punish innocent persons.
A bench headed by Justice C K Prasad said that no religion, including
Islam, allows punishing innocent persons and ordered that no 'Darul
Qaza' should give verdict which affects rights of a person who is not
before it.
The court passed the verdict on a PIL filed by advocate Vishwa Lochan
Madam questioning the constitutional validity of Shariat courts which
allegedly run a parallel judicial system in the country.
All India Personal Law Board had earlier submitted that fatwa was not
binding on people and it was just an opinion of a 'mufti' (cleric) and
he has no power and authority to implement it.
The counsel, appearing for the Board, had said if a fatwa was sought to
be implemented against the wish of the person concerned, then he could
approach the court of law against it.
The petitioner had submitted that the fundamental rights of Muslims
could not be controlled and curtailed through fatwas issued by 'qazis'
and 'muftis' appointed by Muslim organizations
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