Legal validity

abhimanyu (Querist) 07 April 2013 This query is : Resolved
(a) What is the legal validity of fatwa in Indian courts?

(b) Who are competent to issue fatwas in India?

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R.K Nanda (Expert) 07 April 2013
ask from maulvis.

Raj Kumar Makkad (Expert) 07 April 2013
Your queries are academic in nature even though it is cleared to you that as per Muslim Law prevalent in India Fatwa is duly recognized which can be issued by recognized Moulvi as per rules.

prabhakar singh (Expert) 07 April 2013
The Shariat Application Act, 1937, which is still in force, made a provision for personal laws to deal with cases related to nikaah, divorce, maintenance and inheritance.

Fatwas are entertained by courts of law whether they agree with it or not.

Once in past in year 2005 perhaps, rebutting law minister H R Bhardwaj's statement(as he then was) that fatwas were not legal, the All India Muslim Personal Law Board (AIMPLB) asserted that these religious edicts did indeed have legal sanctity.

prabhakar singh (Expert) 07 April 2013
Oh! so you are abhimanyu!

The poor one who knew only half!

Raj Kumar Makkad (Expert) 07 April 2013
Abhimanyu was having half knowledge even during Mahabharta...........

Devajyoti Barman (Expert) 07 April 2013
Fatwas have no legal force though it has religious binding among members of particular religion.

Adv k . mahesh (Expert) 08 April 2013
no more to add

Raj Kumar Makkad (Expert) 08 April 2013
Fatwa ha slegal sanctity in Muslim law.

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