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
                  1. V
                    VGSS Reddy
                    Jan 11, 2017 at 9:24 pm
                    Given an opportunity, your wife will very soon will have a by product and in certificate your name as father
                    Reply
                    1. V
                      VGSS Reddy
                      Jan 11, 2017 at 9:20 pm
                      INDIA is not Biju Mathews's father's self acquired property. Timid Biju. How can you live in this world. Just live and die like your father dont get worried of Muslims and their potion.
                      Reply
                      1. V
                        VGSS Reddy
                        Jan 11, 2017 at 5:40 pm
                        That is why most of hindu women are marrying muslim men especially brahmin women
                        Reply
                        1. V
                          VGSS Reddy
                          Jan 11, 2017 at 9:10 pm
                          You will never see in your life
                          Reply
                          1. J
                            Joyce
                            Jan 11, 2017 at 7:42 pm
                            Germany: 50% Feel Threatened By Islam, 41% Want To Stop Muslim Migration as it brings terrorism to their land.lt;br/gt;lt;br/gt;After an influx of more than a million Muslim migrants last year to Germany and the subsequent crime waves that have left women feeling uneasy about walking alone after dark, Germans’ tolerance for Islam is wearing thin.lt;br/gt;lt;br/gt;A University of Leipzig study has shown Germans are increasingly rejecting Islam. Half of respondents said the huge influx of Muslims to Germany has left them feeling like strangers in their own country. Two years ago such sentiments were felt by 43 per cent, and in 2009 less than 1 in 3 agreed.
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