Court of Kazi has no legal authority.
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The Supreme Court of India has reaffirmed that institutions such as the ‘Court of Kazi’, ‘Darul Kaza’, and ‘Sharia Court’ hold no legal recognition under Indian law. Consequently, any declarations or decisions made by these bodies, including fatwas, are not legally binding or enforceable through coercive measures.
This clarification emerged during the Court’s deliberation on a case involving a Muslim woman’s plea for maintenance. The woman had been denied maintenance by a Family Court, which based its decision on a compromise deed filed before a ‘Court of Kazi’. The Supreme Court criticized this approach, emphasizing that such bodies lack legal standing and their decisions cannot override statutory rights under Indian law.
The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, referenced the 2014 judgment in Vishwa Lochan Madan v. Union of India, which had previously established that Shariat courts and their rulings do not possess legal authority. The Court reiterated that any decisions by bodies like the ‘Court of Kazi’, ‘Darul Kaza’, or ‘Sharia Court’ are not binding and cannot be enforced.
This ruling underscores the principle that while individuals may voluntarily seek guidance from religious or community bodies, such decisions hold no legal weight unless they align with the laws of the land. Statutory rights, such as those under Section 125 of the Criminal Procedure Code (CrPC), cannot be negated by non-judicial entities.
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