The Supreme Court said that Shariat Courts, issuing fatwas and issuing orders against a person who is not before it, is illegal. This refers to the fact that it has no legal sanctity and no legal status.
The Supreme Court bench headed by justice CK Prasad said, “No religion, including Islam, allows punishing the innocent and ordered that no ‘Darul Qaza’ should give verdict which affects rights of a person who is not before it”. Further he read out the judgement from a two – judge bench, “Sharia courts are not sanctioned by law and there is no legality of fatwas in this country”.
The apex court said that Islamic judges, who interpret religious law, could only rule when individuals submitted voluntarily to them and their decisions, or fatwas, were not legally binding. And it not legal in the absence of respective person.
The Supreme Court also observed that though Shariat Courts are not legal in its status, but if people want to approach them, they are free to do so at their will.