No religious institution or private body can be permitted to assume the authority of a Court, said the Chhattisgarh High Court in a recent order after a woman challenged a self-styled Shariya court "order" stating that she had been granted divorce under Muslim personal law.
“..this Court observes that religion may guide an individual's conscience and personal faith, but no religious institution or private body can be permitted to assume the authority of a Court established by law or to use religious belief as a means of determining or enforcing the legal status and rights of an individual. The rule of law and the constitutional framework remain paramount,” the court said in its order.
The appellant, a 38-year-old Muslim woman from Raipur, had sought the quashing of the impugned order dated January 18, 2022, passed by the Idara- E-Shariya Islami Court, by which it had “passed the decision of giving Triple Talaq/Divorce to the petitioner”. She also challenged the very existence of the so-called Idara-E Shariya Islami Court.
She argued that the existence of such a body was in violation of the Constitution, Fundamental Rights to Life & Liberty, & The Muslim Women (Protection of Rights on Divorce) Act, 1986 {specifically Section 2 (c ) }, where absolutely no opportunity of hearing was afforded to the Petitioner/Muslim Women following the 'Shariyat Law' which is not applicable in India as provided by the Constitution of India.
