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Fatwa:-: Merits of Such Community Courts

Fatwas are non-binding religious opinions issued by Islamic clerics in response to queries. Sharia courts, or Dar-ul-Qazas, are alternative dispute resolution mechanisms that Muslim communities can voluntarily use to resolve personal law issues, but their rulings cannot be forcibly imposed. The Supreme Court has clarified that neither fatwas nor Sharia court verdicts have legal sanction and cannot violate a person's fundamental rights against their wishes. While fatwas and Sharia courts can help reduce legal system backlogs, they sometimes issue rulings like honor killings or fatwas that harass individuals.

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Sushil Riyar
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33 views1 page

Fatwa:-: Merits of Such Community Courts

Fatwas are non-binding religious opinions issued by Islamic clerics in response to queries. Sharia courts, or Dar-ul-Qazas, are alternative dispute resolution mechanisms that Muslim communities can voluntarily use to resolve personal law issues, but their rulings cannot be forcibly imposed. The Supreme Court has clarified that neither fatwas nor Sharia court verdicts have legal sanction and cannot violate a person's fundamental rights against their wishes. While fatwas and Sharia courts can help reduce legal system backlogs, they sometimes issue rulings like honor killings or fatwas that harass individuals.

Uploaded by

Sushil Riyar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Fatwa: The Arabic word fatwa means an exposition of religious law by a Muslim cleric or

seminary in answer to a specific query.


As regards shariat courts, known as Dar-ul-Qazas, these are in the nature of what is
known in law as alternative dispute resolution (ADR) mechanisms and generally decide
personal law discords of disputants who voluntarily approach them and agree to abide by
their verdicts.
SC court just said that it would be illegal to impose fatwa ruling in violation of
fundamental rights of persons involved in the dispute. (i.e. Fatwas dont have any legal
sanction)
Court has made it clear that neither a fatwa nor a Dar-ul-Qaza verdict can be forcibly
implemented by anybody against the wishes of the person who obtained it.
SC havent held Fatwas or shariat courts illegal because fatwa is just a freedom of
expression of Mufti as long as it is not legally binding.
Although, SC havent mentioned Khaps in its order but it may interpreted that it carries
same ruling for Khaps as well.

Merits of such community courts:


As thousands and lacs of cases are pending in our courts so it takes years to get justice
from legal courts. Community court may handle some small disputes and relieve some
burden from district and session courts.
Decentralisation of power
Demerits:
Often they act as kangaroo court and harass the person on whom fatwa is imposed.
Honour killing
Many prominent artists had to leave country because of fatwas.

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