Sharia courts are not recognized by law : Supreme Court

New Delhi, April 28th —The Supreme Court of India has reiterated that Sharia courts or Qazi courts have no legal standing under Indian law. In a significant reaffirmation of secular legal principles, the apex court stated that decisions made by such religious bodies are not enforceable, nor is there any legal obligation to follow them.

A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah, while hearing an appeal against a verdict by the Allahabad High Court, cited the landmark 2014 judgment in the Vishwa Lochan Madan v. Union of India case. The court emphasized once again that fatwas and verdicts passed by Sharia bodies carry no legal validity.

Fatwas have no legal authority !

Referring to the 2014 ruling, the bench clarified that:

“No parallel judicial system can exist in a secular democracy governed by the rule of law. Sharia courts or Qazis may offer opinions or guidance, but these are not legally binding and cannot override Indian courts.”

Background of the case

The case involved a Muslim woman who married on September 24th, 2002, through Islamic customs — both spouses were entering into their second marriage.

In 2005, the husband filed for divorce at a Qazi court in Bhopal, which was dismissed after a settlement. However, in 2008, he approached the Darul Qaza (Qaziyat) again for a fresh divorce proceeding. Simultaneously, the woman sought maintenance from a family court, which was denied on grounds that:

“She had not been deserted by her husband; rather, her own behaviour led to the dispute.”

The Allahabad High Court upheld the family court’s decision. Dissatisfied, the woman appealed to the Supreme Court, which delivered its judgment on February 4th, 2025. Though the order was issued in February, its contents have now surfaced publicly.

Importantly, the Supreme Court also criticized the family court’s logic that “no dowry could be demanded” because both parties were remarried, calling the reasoning flawed and irrelevant to the issue of lawful spousal obligations.