No legal validity for talaq certificate issued by kazi: Madras HC

The bench, which referred to Section 4 of The Kazis Act, 1880, held that the office of the kazi does not confer on the person any judicial or administrative power.

By: PTI | Chennai | Updated: January 11, 2017 10:39 pm
 talaq, talaq certificate, kazi, Madras High Court, Shariath law, Madras High Court, Madras HC, talaq issued by kazi no legal validity, The Kazis Act, India news, Indian Express Madras High Court. (File Photo)

The Madras High Court on Wednesday ruled that a certificate issued by the chief kazi on talaq is only an opinion and has no legal validity. The bench, comprising Chief Justice S K Kaul and Justice M M Sundresh, gave the ruling while passing interim orders on a PIL by lawyer and former MLA Bader Syed.

Syed, in his petition, assailed the declarations issued by kazis certifying a talaq and sought restraining them from giving certificates and other documents certifying or approving it. The bench, which referred to Section 4 of The Kazis Act, 1880, held that the office of the kazi does not confer on the person any judicial or administrative power.

The All India Muslim Personal Law Board and Shariath Defence Forum submitted that the nature of certificates issued by the chief kazi was only an opinion having expertise of Shariath law. To support this, they referred to Section 2 of the Muslim Personal Law (Shariath) Application Act, 1937.

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Syed and others supporting him, including Women Lawyers Association, submitted that the certificates issued by kazis were causing immense confusion in matrimonial proceedings and also in the understanding by both spouses of what was the effect of such a certificate being issued.

In this regard, they produced some certificates issued from 1997 to 2015, which just stated that on a representation of the spouse of a particular date, the talaq pronounced in respect of the wife was valid as per Islamic Shariath.

The bench pointed out that neither had the facts which prompted the kazi to opine so been set out nor had it been clarified that was only in the nature of an opinion.

The Board said it was willing to examine the format in which a certificate may be issued purely as an opinion of the chief kazi having expertise on shariat law so as to ensure no ambiguity before any legal forum or otherwise.

The bench granted time to the Board to formulate the format and place a draft before it so that inputs from other stakeholders are made available.

It held that no certificate in respect of talaq would be issued as an opinion by the chief kazi.

It clarified that the certificate issued by the chief kazi is only an opinion and has no legal sanctity, more specifically in view of Section 4 of The Kazis Act. It said this order must be circulated by the registrar to judicial forums for clarity and it was open to the petitioners concerned to give adequate publicity to it. The bench then posted the matter to February 21.

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  1. J
    Joyce
    Jan 11, 2017 at 7:35 pm
    A GROUNDBREAKING survey has revealed more than a quarter of Muslims in France follow hardline Islam and almost half support Sharia law.
    Reply
    1. P
      pawan
      Jan 11, 2017 at 6:17 pm
      get Uniform civil code now to get rid of these quacks...
      Reply
      1. M
        Mahender Goriganti
        Jan 11, 2017 at 5:23 pm
        Muslim women were no more than men's slaves meant to make babies and to be replaced and supplemented as time goes by but India Muslim women don't realize that.
        Reply
        1. R
          rahul
          Jan 11, 2017 at 5:58 pm
          and you were the by-product of one such?
          Reply
          1. R
            Raman Raman
            Jan 11, 2017 at 5:56 pm
            MUSLIM SOCIETY MUST CHANGE FOR THE BETTER AND MOVE WITH TIMES.
            Reply
            1. S
              Srinivasan Bhargavan
              Jan 12, 2017 at 11:26 pm
              What about the marriage performed by a kazi? Is valid?
              Reply
              1. V
                VGSS Reddy
                Jan 11, 2017 at 9:12 pm
                All should follow shariah law in fact.
                Reply
                1. V
                  VGSS Reddy
                  Jan 11, 2017 at 9:11 pm
                  Give them reservations as you have made them backward
                  Reply
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