The Chhattisgarh High Court has held that religious institutions and private bodies cannot assume the powers of a court or determine the legal status and rights of individuals, as reported in The Hindu.
The observation came while hearing a petition filed by a 38-year-old Muslim woman from Raipur challenging an order issued by the self-styled Idara-E-Shariya Islami Court, which purported to grant her divorce under Muslim personal law.
“..this Court observes that religion may guide an individual’s conscience and personal faith, but no religious institution or private body can be permitted to assume the authority of a Court established by law or to use religious belief as a means of determining or enforcing the legal status and rights of an individual. The rule of law and the constitutional framework remain paramount,” the court said.
The woman had approached the High Court seeking the quashing of an order dated 18 January 2022, issued by the Idara-E-Shariya Islami Court. The order purportedly “passed the decision of giving Triple Talaq/Divorce to the petitioner”.
She also challenged the very existence of the body calling itself the Idara-E-Shariya Islami Court.
The petitioner argued that the existence of such a body violated the Constitution, fundamental rights to life and liberty, and the Muslim Women (Protection of Rights on Divorce) Act, 1986, particularly Section 2(c).
She contended that she had not been given any opportunity of being heard before the purported divorce order was issued. She further argued that the so-called Shariyat law relied upon by the body could not be used to exercise judicial authority in India.
The woman told the court that criminal proceedings against her husband under provisions of the Indian Penal Code, 1860, relating to cruelty were already pending. She said she was shocked to learn that the Idara-E-Shariya Islami Court had purported to exercise authority over her marital status despite her having already approached competent authorities and set the legal process in motion.
No Parallel Religious Judicial System
During the hearing, the State argued that the Indian constitutional and legal framework does not recognise any parallel judicial system based on religion.
It submitted that informal bodies styling themselves as “Sharia Courts,” “Darul Qaza,” or “Courts of Kazi” have no statutory recognition, judicial authority or power to adjudicate civil and matrimonial disputes.
Justice Amitendra Kishore Prasad, who heard the matter, held that the 18 January 2022 order issued by the Idara-E-Shariya Islami Court was passed without legal authority.
The court, however, stopped short of deciding the larger constitutional question concerning Talaq-e-Hasan, noting that the issue was already pending consideration before the Supreme Court.
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