SHARIA COURTS: LOOKING INTO THE LEGALITY OF DAR-UL-QAZA AND THEIR RELATIONSHIP WITH FATWAS

Abstract

The controversy regarding the so called Sharia Courts or Dar-ul-Qaza began when the AIMPLB (All India Muslim Personal Law Board) announced the decision to open 10 more of such courts with 5 already being approved and the other 5 being looked into. They also recommended one such court being opened in every district for the convenience of the Muslim populous in resolution of family disputes in accordance with the sharia law.

The controversy seemed to have been stirred by mostly conservative sections of the Indian society and mass misinformation being propagated by the Political Parties in India. With claims like Sharia Courts being a “Parallel Justice System” and BJP spokesperson Shazia Ilmi writing a blog on Times of India titled “No country for sharia courts: Constitutional values and not AIMPLB should govern laws for Muslim women” and that Sharia Courts have got no constitutional backing which is true to as legally speaking there is no legal sanction behind any judgment given by the said courts unless both parties consented to the dispute resolution. In fact Sharia Courts are an Alternative Dispute Resolution mechanism like mediation which gives faster and most cost effective alternative to the Family Courts. This is not only allowed by the judiciary but is actively encouraged so that family disputes can be solved without large legal fees and privacy.