Centre tells Supreme Court 'fatwas not binding'

New Delhi, Nov 2: Commenting on the controversial 'fatwas' issued from time to time by the muftis for the followers of Islam, the Centre has told the Supreme Court that 'fatwas were only advisory in nature and not 'binding', and as such do not compel any person to follow them.

The Centre in a counter affidavit to a PIL seeking directions from the court to ban all the Shariat Courts as Parallel Courts are being run by All India Muslim Personal Law Board (AIMPLB), said Shariat Courts were not functioning in derogation of or in conflict with the official/recognised judicial system in the country.

The Government also pleaded for the dismissal of the PIL. The Centre also submitted that the qazi or darul qaza have not performed any role in administration of criminal justice and have solely confined in performing the role of mediator/conciliator or negotiator in the matter of family dispute or any other dispute of civil nature among the Muslims.

According to the Centre Muslim Personal Law (Shariat) Application Act only the course of law will decide the cases between Muslims on the questions regarding intestate succession, marriage, talaq (divorce), lla, zihar, khula, mubarat, maintenance, dower, guardianship, gifts, trust properties and waqf, according to the Muslim Personal Law (Shariat).

The matter is likely to come up for hearing on Monday.

UNI