Sharia courts not recognised under law: SC

Reiterating that Sharia Courts (Islamic Courts) have no recognition under Indian law, the Supreme Court has clarified that their decisions are not binding on anyone.

“Court of Kazi’, ‘Court of (Darul Kaja) Kajiyat’, ‘Sharia Court’ etcetera by whatever name styled have no recognition in law,” a Bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said in its February 4, 2025 order granting maintenance to a Muslim woman.

Citing its 2014 verdict in Vishwa Lochan Madan versus Union of India, the top court said that “any declaration/decision by such bodies, by whatever name labelled, is not binding on anyone and is unenforceable by resort to any coercive measure.”

In Madan’s case it was held that fatwas had no legal status in India’s constitutional scheme.

Writing the verdict for the Bench, Justice Amanullah, however, said, the only way such declaration/decision can withstand scrutiny in the eye of law could be when the affected parties accept such declaration/decision by acting thereon or accepting it and when such action does not conflict with any other law.

“Even then, such declaration/decision, at best, would only be valid inter-se the parties that choose to act upon/accept the same, and not a third-party,” the Bench noted.

The woman had challenged an August 3, 2018, decision of the Allahabad High Court to dismissing her petition against an order of the Jhansi Family Court that refused to award her maintenance.

A divorce case was filed in 2005 in the ‘Court of Kazi’, Bhopal, Madhya Pradesh which was dismissed following a compromise reached between the parties on November 22, 2005.

Accusing her husband of demanding dowry and torture, she said she was thrown her out of the matrimonial home along with her children in 2008.

The man moved the ‘Court of (Darul Kaja) Kajiyat’, Bhopal in September 2008 and a month later she approached the Family Court for a maintenance of Rs.7000 per month for herself and rhe two children.

However, the family court refused to grant her maintenance even as it asked the man to pay Rs 2,500 towards maintenance of the two children. The high court also dismissed her plea.

However, the top court ordered the man to pay her Rs 4,000 monthly maintenance from the date of filing of the application for maintenance before the Family Court. It also asked the man to pay maintenance to his children from that date till they attained majority.

India