You are on page 1of 9

NDTV

Business

Hindi

Movies

Cricket

Good Times

Food

Tech

Auto

Apps

Follow @ndtv

1.7M follow ers

Like

2.4m

LIVE TV

VIDEO

INDIA

ELECTIONS

OPINION

BLOG

CITIES

WORLD

SPORTS

PHOTOS

PEOPLE

You are here: Home All India

................... Advertisement ...................

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


All India | Reported by A Vaidyanathan, Edited by Abhinav Bhatt | Updated: February 25, 2014 18:46 IST Tw eet 73 2 Recom m end 87 Share

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

DON'T MISS
A Jewish toddler's incredible tale of

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

Darul Qaza and Darul-Iftaa.

been filed by a Delhi-based advocate Vishwa Lochan Madan, challenging parallel courts run by institutions like the

incredible tale of survival His Indian nanny saved him on 26/11

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.
For NDTV Updates,
Like 2.4m

How to get a job at Google The five hiring attributes they look for

The sad-happy story of a little girl and her mother My Beautiful Woman will make you cry and smile What this dad did for his son will gladden your heart Something amazing

Follow @ndtv

Follow

+1

Story First Published: February 25, 2014 18:02 IST


Tw eet 73 Recom m end 87 Share

In marathon battle, judges ran out of words for them to spell Both won. Here's a word: A-W-E-S-O-M-E The 5 most shocking ingredients in your food Good news - they are safe. Bad news - they

More from the web


Adult Escort Service Receives Gulf Settlement Award in Wake of Oil Spill The State of the Gulf

We recommend
Farhan Akhtar not upset with Naseeruddin Shah's criticism of Bhaag Milkha Bhaag February 23, 2014

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

U.S. Oil Boom Brings Unexpected Opportunities for Investors Merrill Lynch: Wealth Management 49 Million Americans Are At Risk of Hunger Unilever
Project Sunlight

US, allies want united Ukraine February 24, 2014

safe. Bad news - they are gross Band, Baajaa , Bollywood What's a wedding without wedding songs? And Bollywood makes the best ones After baby's body was found in pool, Mohnish Behl may sell house Body was of a 2-dayold girl Why Kangana looks "really lame" in Queen Cardigan over her mehendi outfit? So not 2014

Toxic industrial waste contaminates water, poisons lives in Kerala's Kollam district February 23,
2014

7 Credit Cards You Should Not Ignore If You Have Excellent Credit NextAdvisor Daily Which Country is Currently Leading the World in Innovation? Merrill Lynch: Wealth Management The 20 Most Powerful Armies in the World Rant
Lifestyle

Poor roads, railway links on paper: India's security worry along China border February 24, 2014 BJP's first list of Lok Sabha poll nominees likely on February 27 February 22, 2014 Vidya Balan: Insecure relationship affects career
February 23, 2014
Rec ommended by

Tags:

Fatwa

Muslim clerics

Shariat courts

Supreme Court

Trending Elections 2014 Wayne Rooney Arvind Kejriwal Ukraine Narendra Modi Rahul Gandhi Matteo Renzi WhatsApp Taliban Galaxy S5

Yingluck Shinawatra

The 'easy bakra ' Vidya was a soft target for Farhan's jokes

ALSO SEE
India's decision on marines 'fruit of Italian firmness': Italy Supreme Court rejects Sahara chief's exemption plea Supreme Court refers plea to allow euthanasia to Constitution bench Sanjay Dutt's parole extension: Centre asks Maharashtra government to explain Italian marines row: Centre drops anti-piracy charge, no death penalty now What divorce? Lissy and I are together, says Priyadarshan They've been married 24 years

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

The desi Wolverine Hugh Jackman wore a blue turban to visit The Kumars At No 42
47:20 4:02 1:40 47:05

Release of Rajiv Gandhi's killers:...

Supreme Court stops Tamil Nadu from...

Personal law can't stop Muslims fr...

Tamil Nadu to free Rajiv Gandhi's k...


................... Advertisement ...................

POST YOUR COMMENTS

Sign in using:

Sign in

OR

Post to Facebook

Post to Twitter

Comments

IN THE NEWS
Asia Cup IPL 2014 Highway Darr@The Mall

Showing 1-15 out of 22 comments and 5 replies

Sort by Most Liked The Monuments Men

san

1 hour ago

BSE SENSEX

NIFTY Index

By this logic Khap panchayats should also not be questioned as some of there judgements were good. By what constitutional authority Mobile Finder they are giving judgement & also binding it over some of the Indian citizens.

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

Reply | Permalink | Share | Report Abuse

FOLLOW US
BUT_KHAP
2 hours ago

NDTV
Like

But you can comment on KHAP panchayat ... are they not political and religious as well ....

Reply | Permalink | Share | Report Abuse 2,495,299 people like NDTV.

MK

2 hours ago

These Fatwa by low class Mullah who have no idea what Hadith says simply making a mockery of Islam. In Islam , zina means death punishment. Muslim scholars should come and denounce this fatwa. Facebook social plugin
Reply | Permalink | Share | Report Abuse

Fayaz

1 hour ago

@MK: No one forces you to follow Fatwa. There are few fatwas given by few brainless. BTW rape is considered as zina and has death punishment. Dont blame Islam for this.
Permalink | Share | Report Abuse

Karl

2 hours ago

What non-sense! I could not believe this. A woman is affected. She was forced to live her "rapist" in-law. And yet, the court seems happy not to interfere? A big shame. And big shame on all political parties who keep silence over such issues.
Reply | Permalink | Share | Report Abuse

vk

40 minutes ago

@Karl: All this is due to Rajiv Gandhi's mishandling of Shah Bano case. It seems Shah Bano's ghost will haunt us for ever. Rajiv Gandhi - the Prime Minister - whose false steps forever broke the secular fabric of independent India.
Permalink | Share |

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

Anonymous

2 hours ago

In case of Gangajal, it's just a faith. No one forces others to follow that. I don't think that it could be compared to Fatwas. Can the same is applicable for the other religions as well? I don't think so.
Reply | Report Abuse

Raj Juneja

2 hours ago

It should be pretty simple, the law of the land should trump all the other religious or panchayats etc. We have heard of the many decisions of the Khap Panchayats which go against basic human rights and dignity. A good way to begin would be that all fatwas and regional group decisions that go against fundamental rights, should not be implemented.
Reply | Permalink | Share | Report Abuse

Indian highly idiotic

2 hours ago

Reply | Permalink | Share | Report Abuse

Rego

1 hour ago

On October 28, 2011, the jihadi forum Minbar Al-Tawhid Wal-Jihad published a fatwa by Sheikh Abu Humam Al-Athari, a member of its shari'a council, in which he unequivocally permits mujahideen to capture the infidels' women and have sexual intercourse with them, even those who are married, on the claim that their marriage bonds to infidels are dissolved as soon as they are taken captive. [Emphasis added]
Reply | Permalink | Share | Report Abuse

raj

1 hour ago

This is the problem with the so-called secular constitution. The court ruling is sensible as per constitution. Dare to change it?
Reply | Permalink | Share | Report Abuse

san

1 hour ago
Are you a developer? Try out the HTML to PDF API

open in browser PRO version

pdfcrowd.com

By this logic Khap panchayat should not be questioned as some of there judgement were good. By what constitutional authority they are giving judgement & also binding it over some of the Indian citizens.
Reply | Permalink | Share | Report Abuse

abc123

1 hour ago

Where are the BJP trolls and communalists like Swamy? Where are idiots who were attacking AAP and Yogendar Yadav on their views on Khaps. Isn't it the same view he had? Is not AAP wiser than other parties? Are they not more objective as any other party should be. My respect for AAP and their leaders go up day by day. One cannot rule out every process of mediation and arbitration as parallel judicial system. There are enough provisions in the current judiciary itself for the same. I think we should stop these rhetoric and get objective with our views. Any mediation and arbitration should be welcome in a country where there is humongous amount of pending cases and in a country where even the SC has accepted that there is corruption in the lower judiciary. Ofcourse one should approach the courts against any un-constitutional decisions by these bodies, be it a by a religious group or by the Khaps. I welcome this decision by the SC. Long live AAP. Let the corrupt and communal forces perish.
Reply | Permalink | Share | Report Abuse

san

47 minutes ago

@abc123: All those person BJP supporters/ sympathizers/ voters after Yogendar Yadav & Mr Arvind becoming PM & Dy PM or vice versa should be send to KALA PANI?
Permalink | Share |

Anonymous

1 hour ago

" people are wise"... I am not sure how esteemed SC came to that conclusion
Reply | Report Abuse

Wizboxyenda

54 minutes ago

It is time to pass common civil code.


Reply | Permalink | Share | Report Abuse

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

Anonymous

1 hour ago

On October 28, 2011, the jihadi forum Minbar Al-Tawhid Wal-Jihad published a fatwa by Sheikh Abu Humam Al-Athari, a member of its shari'a council, in which he unequivocally permits mujahideen to capture the infidels' women and have sexual intercourse with them, even those who are married, on the claim that their marriage bonds to infidels are dissolved as soon as they are taken captive. [Emphasis added]
Reply | Report Abuse

Anonymous

1 hour ago

Indeed a very good judgement by SC.


Reply | Report Abuse

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

NDTV TWEETS

@ndtv Meerut reopens after leopard attack http://t.co/yJWFIsi4Wb


5 minutes ago

@ndtv No AAP effect in J&K; 'where is our 'lal batti', ask legislators http://t.co/O8VMdsQDtX
10 minutes ago

@ndtv This mobile app will allow people in Delhi to lodge FIRs http://t.co/PR9hSyGFgB
13 minutes ago

@ndtv Nepal's new coalition government sworn in http://t.co/TWtDmBZgYx


15 minutes ago

RSS

News Alerts

Mobile

Apps

Apple

Android

Windows

Facebook

Twitter

Google +

LinkedIn

Archives

Advertise

About Us

Feedback

Disclaimer

Investor

Complaint Redressal

Ombudsman

Careers

Service Terms

Channel Distribution

Copyright NDTV Convergence Limited 2014. All rights reserved.

open in browser PRO version

Are you a developer? Try out the HTML to PDF API

pdfcrowd.com

You might also like