Muslim women go to family court to get divorce under Khula: Madras HC said- Shariat Council neither court nor mediator can give certificate of divorce

The Madras High Court has given a major verdict related to the divorce of Muslim women. The Court said that Shariat Councils are neither courts nor arbitrators, so they cannot certify a divorce under Khula. Justice C Saravanan gave this verdict while canceling the ‘open’ certificate of the Shariat Council.

The court directed the woman and her husband to approach the Tamil Nadu Legal Services Authority or the Family Court to resolve the ongoing dispute between them.

The Madras High Court has already stopped the Kazis
The bench further said that a Muslim woman can approach the family court for ‘khula’ (a form of divorce) recognized under the Muslim Personal Law (Shariat) Application Act, 1937. Referring to the case of Badar Saeed v. Union of India, the bench noted that earlier also the High Court had restrained bodies like Qazis from issuing divorce certificates through Khula.

Now read what is this whole matter
The Madras High Court was hearing a petition filed by a person named Mohammad Rafiq, seeking cancellation of the ‘open’ certificate granted by the Shariat Council, registered under the Tamil Nadu Societies Registration Act 1975. The council had given Khula’s certificate to Saida Begum. Saida’s husband had appealed to the High Court that the certificate given to his wife was not legally valid.

Rafiq said that things like fatwa or open are not legally valid. Such orders cannot be imposed on any person.