Fatwa have no force of law #indianlaws

The Supreme Court was called upon to answer a question  whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.

The Supreme Court was called upon to answer a question  whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.

The Court observed that it is the adjudication done by a legal authority sanctioned by law which is enforceable and binding unless upset by an authority provided by law itself. The decisions of Dar-ul-Qaza or the Fatwa stand on a contrary footing. Dar-ul-Qaza is neither created nor sanctioned by any law made by the competent legislature and therefore, their opinion or Fatwa as issued by Dar-ul-Qaza or for that matter anybody is not adjudication of dispute by an authority under a judicial system sanctioned by law. A Qazi or Mufti has no authority or powers to impose his opinion and enforce his Fatwa on any one by any coercive method. It has no legal sanction and is not enforceable. The person or the body concerned may ignore it and it will not be necessary for anybody to challenge it before any court of law. Any effort on the part of a person or body to impose it would be illegal. A Fatwa was defined to be an opinion which only an expert is expected to give and it cannot be equalled with a decree. It is not binding on the Court or the State or the individual as it is not sanctioned under the constitutional scheme.

However, as Court further clarified, the very existence of Dar-ul-Qaza or practice of issuing Fatwa is not illegal. It can simply be stated as an informal justice delivery system with an objective of bringing about amicable settlement between the parties and it is within the discretion of the persons concerned either to accept, ignore or reject it. One may not object to issuance of Fatwa on a religious issue or any other issue so long it does not infringe upon the rights of individuals guaranteed under law.

It was further pointed out that if a Fatwa is sought by a complete stranger on an issue not concerning the community at large but individual, than the Darul-Qaza or for that matter anybody may consider the desirability of giving any response and while considering it should not be completely unmindful of the motivation behind the Fatwa, as it may cause irreparable damage and would be in violation of basic human rights. It cannot be used to punish innocent.
It was eventually concluded that no Dar-ul-Qazas or for that matter, anybody or institution by any name, shall give verdict or issue Fatwa touching upon the rights, status and obligation, of an individual unless such an individual has asked for it. In the case of incapacity of such an individual, any person interested in the welfare of such person may be permitted to represent the cause of concerned individual.

[Vishwa Lochan Madan vs. Union of India & Ors.]
(SC, 07.07.2014)