Sharia Courts Can Give Religious Opinions, Not Grant Divorces: Chhattisgarh High Court
5 Articles
5 Articles
Chhattisgarh High Court sets aside triple talaq order, says religion can’t decide law
The court clarified that the Shariyat court or religious institutions cannot act as a court recognised under the Constitution or Indian law while hearing the plea of a 38-year-old Muslim woman.
Sharia courts can give religious opinions, not grant divorces: Chhattisgarh High Court
Chhattisgarh High Court voided a Raipur Sharia court order declaring a woman divorced from her husband. It said private religious bodies may offer opinions but cannot alter legal marital rights through binding orders.
The Chhattisgarh High Court has issued a significant ruling on the validity of Sharia courts in a case involving the marital rights of Muslim women. The court stated that private religious institutions or Sharia courts do not have the status of legal courts. Therefore, only a competent court can determine the marital status of a man or woman.
The Chhattisgarh High Court has quashed a private Sharia court's order declaring a woman divorced. The court stated that religious or private bodies cannot usurp the jurisdiction of a court. A fatwa is merely an opinion, not a legally binding one.
Bilaspur: The Chhattisgarh High Court has said that Sharia councils like Darul Qada do not have the legal authority to dissolve Muslim marriages. It has said that Sharia councils are not courts and such institutions have no judicial...
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