Fatwa cannot be forced upon people, Indian Supreme Court rules

[Dem!god]

NEW DELHI: Fatwa issued by Muslim clerics cannot be forced upon people and the state has to protect persons who are harassed for not following such diktats, the Supreme Court on Tuesday said while expressing reservation in interfering with shariat courts.

Holding that it's a matter of choice for the people to accept fatwa or not, the apex court said running of institutions like Darul Qaza andDarul-Iftaa is a religious issue and the courts should interfere only when someone's rights are violated by their decision.

"We can protect people who are subjected to suffering due to this. When a pujari gives a date of Dussehra, he cannot force someone to celebrate the festival on that day. If somebody forces them on you, then we can protect you," the bench said after the petitioner pleaded that fatwa issued by clerics is unconstitutional.

It said fatwa issued by clerics or prediction made by pandits do not violate any law and so courts should restrain them from doing so.

"Which law gives power to issue fatwa and which statute gives pundit power to make horoscope? Court can only say that the state will protect the people if one is subjected to suffering due to fatwa," the bench said adding some fatwas may be issued for the welfare of the people.

"These are are political and religious issues and we do not want to go into it," the bench said while hearing a PIL filed by an advocate Vishwa Lochan Madam challenging the constitutional validity of shariat courts for allegedly running a parallel judicial system in the country.

All India personal law board submitted fatwa is bot binding on people and it is just an opinion of Mufti and he has no power and authority to implement it.

Senior advocate Raju Ramachandran, appearing for the Board, submitted if a fatwa is sought to be implemented against the wish of the concerned person, then he can approach court of law against it.

The petitioner submitted the fundamental rights of Muslims could not be controlled and curtailed through fatwas issued by qazis and muftis appointed by Muslim organizations.

Fatwa cannot be forced upon people, Supreme Court rules - The Times of India

 

[ranjeet]

 

[Dem!god]

I think its a very good decision by supreme court......
in fatwa walo ne logo ki jaan le rakhi thi......now they can breath in peace....

 

[KingMamba]

Good decision by Indian courts.

 

[gslv]

actually there should be no law except which above which is sanctioned by the constitution. no religious law should trump above that. why there should be two law bodies? these fatwa totting mullahs are same as khaps. ban these animals.

 

[Koovie]

Very good pro democratic decision

 

[janon]

I thought that was obvious? Fatwas are not part of the law of the land, and do not have any legal backing. Only the laws of the state can be forced on people. If somebody voluntary follows a fatwa, that's their choice. But they have a right to follow or not follow it. A cleric's fatwa has as much coercive power as one from me - in other words, none whatsoever.

 

[Parul]

Fatwas are political-religious views, can't interfere, says Supreme Court

New Delhi: The Supreme Court has said that it cannot interfere with fatwas or religious decrees issued by Muslim clerics.

"These are political-religious issues. We can't decide them. In this country some people believe Gangajal can cure all ailments. It is a matter of belief," the top court said while reserving verdict on a petition against Shariat courts and their fatwas.

The Public Interest Litigation or PIL has been filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the Darul Qaza and Darul-Iftaa.

Mr Madan has argued that a Muslim girl had to desert her husband because a fatwa directed her to live with her father-in-law who had allegedly raped her.

The petitioner also told the court that the Darul Qaza and Darul-Iftaa function in 52 to 60 districts which have a sizeable Muslim population. He said Muslims cannot contest these decrees or fatwas, and alleged that these interfere with the life and liberty of citizens.

"Don't be over dramatic," the court told the petitioner, adding, "We will come to her rescue. You are assuming all fatwas are irrational. Some fatwa may be wise and may be for general good also. People in this country are wise enough. If two Muslims agree for mediation, who can stay it? It is a blend of arbitration and mediation."

The Muslim Personal Law Board argued that if fatwas affect fundamental rights, one can approach the court.

"We could make a national policy that issues of personal matters in family courts should be decided by people of the same religion. But it might divide the country again," the top court observed.

The Centre has told the Supreme Court that it is being very cautious ahead of the general elections, due by May, and that it will not interfere in Muslim personal law unless it affects the fundamental rights of citizens.

Fatwas are political-religious views, can't interfere, says Supreme Court | NDTV.com

 

[Sugarcane]

Very good decision

 

[Dubious]

They are "opinions" hence why every Muslim on PDF laughed when Indians brought fatwah into discussions.....Only when your court says it do you believe when we said it you people claimed "we twisted words" or "were hiding the truth".....

 

[Spring Onion]

They are "opinions" hence why every Muslim on PDF laughed when Indians brought fatwah into discussions.....Only when your court says it do you believe when we said it you people claimed "we twisted words" or "were hiding the truth".....

 

[janon]

They are "opinions" hence why every Muslim on PDF laughed when Indians brought fatwah into discussions.....Only when your court says it do you believe when we said it you people claimed "we twisted words" or "were hiding the truth".....

So was the fatwa on Salman Rushdie a mere "opinion"? Silly him, for fearing for his life and going into hiding for a mere "opinion".

 

[Dubious]

So was the fatwa on Salman Rushdie a mere "opinion"? Silly him, for fearing for his life and going into hiding for a mere "opinion".

Thats what you get from people who dont understand Islam at all and publish rubbish books "claiming" to know Islam when they know not even the basic meaning of fatwah! Silly is the right word!

 

[SarthakGanguly]

Fatwas are political-religious views, can't interfere, says Supreme Court

New Delhi: The Supreme Court has said that it cannot interfere with fatwas or religious decrees issued by Muslim clerics.

"These are political-religious issues. We can't decide them. In this country some people believe Gangajal can cure all ailments. It is a matter of belief," the top court said while reserving verdict on a petition against Shariat courts and their fatwas.

The Public Interest Litigation or PIL has been filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the Darul Qaza and Darul-Iftaa.

Mr Madan has argued that a Muslim girl had to desert her husband because a fatwa directed her to live with her father-in-law who had allegedly raped her.

The petitioner also told the court that the Darul Qaza and Darul-Iftaa function in 52 to 60 districts which have a sizeable Muslim population. He said Muslims cannot contest these decrees or fatwas, and alleged that these interfere with the life and liberty of citizens.

"Don't be over dramatic," the court told the petitioner, adding, "We will come to her rescue. You are assuming all fatwas are irrational. Some fatwa may be wise and may be for general good also. People in this country are wise enough. If two Muslims agree for mediation, who can stay it? It is a blend of arbitration and mediation."

The Muslim Personal Law Board argued that if fatwas affect fundamental rights, one can approach the court.

"We could make a national policy that issues of personal matters in family courts should be decided by people of the same religion. But it might divide the country again," the top court observed.

The Centre has told the Supreme Court that it is being very cautious ahead of the general elections, due by May, and that it will not interfere in Muslim personal law unless it affects the fundamental rights of citizens.
Fatwas are political-religious views, can't interfere, says Supreme Court | NDTV.com

India is finally maturing into a truly secure Nation.
Such insecurities are no longer being acceptable. Consider this in contrast to the Shah Bano case for example. To be honest, the courts did a fine job then as well.
An independent judiciary is extremely important for upholding the fundamentals of a State.

Thats what you get from people who dont understand Islam at all and publish rubbish books "claiming" to know Islam when they know not even the basic meaning of fatwah! Silly is the right word!

Videos can be posted to prove that he would have been killed had he not run for his life. Don't embarrass yourself please sir.

 

[Android]

SC also gave the verdict in favour of Shah Bano but everyone knows what happened next