The Supreme Court has once again clarified that Islamic courts such as 'Qazi's Court,' 'Kaziyat's Court (Darul Qaza),' and 'Sharia Court' have no legal standing in India, and any decisions or directions issued by them are not legally binding.
A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah made this observation while hearing a woman's appeal for alimony on February 4. In doing so, the bench referred to a 2014 judgment that had already ruled that Shariat courts and fatwas hold no legal authority.
The woman in question had initially been denied alimony by a Family Court, which based its decision on a settlement deed presented before an Islamic court. This ruling was later upheld by the Allahabad High Court.
Criticising the Family Court's approach, Justice Amanullah emphasised that verdicts from Islamic bodies are not recognised under Indian law and cannot be enforced. The court further stated that no individual can be compelled to adhere to decisions made by such courts. However, if both parties voluntarily agree to abide by the decision and it does not conflict with national laws, it may be considered valid - but only between the consenting parties and not beyond.
The bench also disapproved of the Family Court’s reasoning that, since it was a second marriage for both parties, there was no likelihood of dowry demands. The Supreme Court termed this reasoning as speculative and indicative of a misunderstanding of the law.
In its ruling, the top court ordered the woman's former husband to pay her ₹4,000 per month as maintenance, starting from the date she initially approached the Family Court.
The woman had married her husband in September 2002 through an Islamic ceremony, marking the second marriage for both. In 2009, her husband divorced her through proceedings at an Islamic court. Following the divorce, she sought maintenance from the Family Court, which rejected her claim, suggesting that she had not been abandoned and that her own behavior led to the breakdown of the marriage.