Private Sharia Bodies Cannot Alter Marital Status, Rules Chhattisgarh High Court

RAIPUR: The Chhattisgarh High Court has ruled that private religious bodies functioning as “Sharia courts” or Dar-ul-Qaza do not have the legal authority to determine a person’s marital status or dissolve a marriage through binding orders.

Justice Amitendra Kishore Prasad declared legally ineffective an order issued by the Idara-E-Shariya Islami Court in Raipur on January 18, 2022, which had declared a woman divorced from her husband. The High Court held that such private religious institutions are not courts established under the Constitution or any statute. 

The court said these bodies may provide religious advice or opinions, but their decisions cannot legally alter a person's marital status, rights or obligations. Such determinations must be made through a competent judicial or statutory process. 

The case was brought by Nirosh Abbasi, who challenged the authority of the Raipur religious body after it issued the divorce-related communication during a matrimonial dispute.

Importantly, the High Court did not decide the broader constitutional validity of Talaq-e-Hasan, leaving that issue open. Its ruling was limited to the legal authority of the private religious institution to determine marital status. 

The judgment reinforces the principle that religious bodies may offer guidance based on religious beliefs, but they cannot assume the powers of courts established by law or issue legally enforceable orders affecting civil and marital rights.