The recent supreme court judgement on the Fatwa made it clear that “India doesn’t have any Shariat courts” and confirmed that informal consultations process through the Dar-ul-Qaza’s can be continued.
The judgement ensured that the individual had full freedom to accept or reject the advice given by the religious cleric. An Islamic follower like any citizen of India, even if married under the Muslim Personal Law can seek justice from the courts, regardless of the opinion provided by the cleric.
The court views that institutions like Dar-ul-Qaza’s can continue and act like an informal community arbitration system for an out of court settlement between two individuals. The court refuses to declare the Dar-ul-Qazi system as “illegal” and said it was an informal justice delivery system and the individual had the full right to accept or reject it.
Even though it gives the freedom to mediate between two parties, it warns the clerics from issuing fatwas which affects individual’s right. Going forward the religious clerics should be more careful in delivering the fatwas. Instead of going blind on the lines written in the obsolete records, the clerics should consider the changes happened to the society and should deliver fatwas which will ensure social justice to the victim, especially for the women in our society.