VISHWA LOCHAN MADAN versus UNION OF INDIA & ORS.

Citation: [2014] 8 S.C.R. 195 · Decided: 07-07-2014 · Supreme Court of India · Bench: C.K. PRASAD · Disposal: Disposed off
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Judgment (excerpt)

' 
[2014] 8 S.C.R. 195 
VISHWA LOCHAN MADAN 
v. 
UNION OF INDIA & ORS. 
(Writ Prtition (Civil) No.386 of 200_5) 
JULY 7, 2014 
[CHANDRAMAULI KR. PRASAD AND PINAKI 
CHANDRA GHOSE, JJ.] 
Muslim Law - Muslim Courts - Decisions of bar-ul-Qaza 
A 
B 
or the Fatwa - Held: Do not satisfy any of the r~quirements of C 
any legal judicial system ~A Qazi or Mufti has no authority 
or powers to impose his opinion and·enforce his Fatwa on any 
one by any coercive method - Whatever may be the status 
of Fatwa during Mogul.or British Rule, it has no place in 
independent India under our Constitutional scheme -
D 
Grievance of the petitioner that Dar-ul-Qazas and Nizam-e-
Qaza are running a parallel judicial system is misconceived 
- Fatwa is not a de·cree, not binding on the court or the State 
or the individual - But this does not mean that existence of 
Dar-ul-Qaza or for that matter practice of issuing Fatwas ar~ 
themselves illegal - It is informal justice delivery system with 
an objective of bringing about amicable settlement between 
the parties - It is within the discretion of the persons concerned 
either to accept, ignore or reject it - No Dar-ul-Qazas or for 
that matter, anybody or institution by any naine, shall give 
verdict or i~ue Fatwa touching upon the rights, status and 
obligation, of an individual unless such an individual has 
asked for it - In the case of incapacity of such an individual, 
E 
F 
any person interested in the welfare of such person may be 
permitted to represent the cause of concerned individual - In 
G 
any event, the decision or the Fatwa issued· by whatever body 
being not emanating from any judicial system recognised by 
law, it is not binding on anyone including the person, who had 
asked for it - Further, such an adjudication or Fatwa does not 
195 
H 
196 
SUPREME COURT REPORTS 
[2014] 8 S.C.R. 
A have a force of law and, therefore, cannot be enforced by any 
process using coercive method - Any person trying to enforce 
that by any method shall be illegal and has to be dealt with 
in accordance with law. 
8 
The petitioner sought declaration that: 1) the 
movement/ activities being pursued by All India Muslim 
Personal Law Board and other similar organizations for 
establishment of Muslim Judicial System and setting up 
of Dar-ul-Qazas (Muslim Courts) and Shariat Court in 
India were absolutely illegal, illegitimate and 
C unconstitutional and that 2) the judgments and fatwas 
pronounced by authorities have no place in the Indian 
Constitutional system, and the same are unenforceable 
being wholly non-est and void ab-initio. 
D 
The question which arose for consideration before 
this Court was whether Dar-ul-Qaza is a parallel court and 
'Fatwa' has any legal status. 
Disposing of the writ petition, the Court 
E 
HELD:1. The adjudication by a legal authority 
sanctioned by law is enforceable and binding and meant 
to be obeyed unless upset by an authority provided by 
law itself. The power to adjudicate must flow from a 
validly made law. Person deriving benefit from the 
F adjudication must have the right to enforce it and the 
person required to make provision in terms of 
adjudication has to comply that and on its failure 
consequences as provided in law is to ensue. These are 
the fundamentals of any legal judicia.I system. The 
G decisions of Dar-ul-Qaza or the Fatwa do not satisfy any 
of these requirements. Dar-ul-Qaza is neither created nor 
sanctioned by any law made by the competent legislature. 
Therefore, the opinion or the Fatwa issued by Dar-ul~ 
Qaza or for that matter anybody is not adjudication of 
H dispute by an authority under a judicial system 
VISHWA LOCHAN MADAN v. UNION OF INDIA & 
197 
ORS. 
sanctioned by law. A Qazi or Mufti has no authority or A 
powers to impose his opinion and enforce his Fatwa on 
any one by any coercive method. In fact, whatever may 
be the status of Fatwa during Mogul or British Rule, it has 
no place in independent India under our Constitutional 
scheme. It has no legal sanction and cannot be enforced 
B 
by any legal process either by the Dar-ul-Qaza issuing 
that or the person concerned or for that matter anybody. 
The person or the body concerned may ignore it and it 
will not be necessary for anybody to challenge it before 
any court of law. It can simply be ignored. In case any c 
person or body tries to impose it, their act would be illegal. 
Therefore, the grievance of the· petitioner that Dar-ul-
Qazas and Nizam-e-Qaza are running
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