Will not surrender to opinion of Islamic clergy when deciding legal questions: Kerala HC
The court also stressed on the distinction between Fiqh and Shariah in a bid to bring home the point that the clergy cannot be relied on by the Court to decide the personal law applicable to the Muslim community.
FollowThe Kerala High Court on Tuesday (November 1) said it will not surrender to the opinions of the Islamic clergy when deciding legal questions as they have no legal training.
A division bench, headed by Justices Muhamed Mustaque and CS Dias said that the courts are manned by trained legal minds and only in matters related to beliefs and practices will the opinion of the clergy be considered when it comes to law.
Also read:Â Rohith remains a symbol of my fight: Rahul Gandhi praises Radhika Vemula during Bharat Jodo Yatra
"The courts are manned by trained legal minds. The court shall not surrender to the opinions of the Islamic clergy, who have no legal training on the point of law. No doubt, in matters related to beliefs and practices, their opinion matters to the court and the court should have deference for their views," the court said.
The court also stressed on the distinction between Fiqh and Shariah in a bid to bring home the point that the clergy cannot be relied on by the Court to decide the personal law applicable to the Muslim community.
Also read:Â 'Paid Rs 10 crore to Satyendar Jain': Decoding conman Sukesh Chandrasekhar letter to Delhi L-G
On Tuesday, the Kerala High Court was looking into a petition seeking review of its previous judgment in which it had declared that the right to terminate the marriage at the instance of a Muslim wife is an absolute right, conferred on her by the holy Quran and is not subject to the acceptance or the will of her husband.
After hearing the parties, the court found no reason to review its judgment and dismissed the plea.
Also read:Â Conman Sukesh Chandrasekhar is thug, and AAP is maha thug: BJP's Sambit Patra
It also pointed out that this is not a new issue and has evolved over many years as scholars of Islamic studies, who have no training in legal sciences, started to elucidate on the point of law in Islam.
