Context:
In a landmark judgment that reiterates the primacy of the Indian legal system over religious adjudication forums, the Supreme Court of India has ruled that Sharia courts and similar institutions have no legal recognition and their decisions are not enforceable in a court of law.
· The verdict came during the hearing of a plea filed by Shahjahan, a Muslim woman challenging a lower court’s decision regarding her right to maintenance under Section 125 of the Criminal Procedure Code (CrPC).
Key observance by Court:
A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah observed that declarations or decisions made by bodies such as Sharia Courts do not possess binding force and are not enforceable against unwilling parties. According to the bench, such bodies do not hold any constitutional or legal status.
· The Supreme Court clarified that these institutions—regardless of the nomenclature used, including Sharia Courts, Court of Kazi, or Darul Kaza—are not permitted to adopt coercive measures to implement their rulings.
· This observation aligns with the precedent set in Vishwa Lochan Madan v. Union of India (2014), where the Court held that parallel systems of justice, such as Sharia Courts, cannot operate as judicial forums within the framework of Indian law.
· The Court reiterated that while individuals or communities may consult religious authorities, the decisions made by such bodies are valid only when both parties accept them voluntarily.
About sharia courts
Sharia courts are judicial bodies that interpret and apply Sharia (Islamic law) to resolve disputes, usually among Muslims. Sharia itself is derived from the Qur’an, Hadith (sayings and actions of the Prophet Muhammad), and other Islamic texts.
· The specifics of how Sharia is interpreted and applied can vary widely depending on the school of thought (e.g., Hanafi, Maliki, Shafi'i, Hanbali) and the country.
Implications for Legal and Religious Systems in India
· The ruling reinforces the position that religious tribunals do not have binding authority within India’s secular legal framework.
· While individuals are free to seek guidance from religious bodies, the decisions of such bodies cannot override statutory law or infringe upon an individual’s legal rights.
· In addition, the judgment reflects the Supreme Court’s focus on safeguarding the rights of women and children, particularly in matters involving financial hardship and familial abandonment.
Conclusion
The Supreme Court's clear stance on Sharia courts reiterates the primacy of constitutional law in a secular democracy like India. It ensures that parallel justice systems, which may not uphold fundamental rights, cannot undermine the authority of the judiciary or circumvent the protections guaranteed under Indian law.