Sunday, September 14, 2014

Nature, scope and legal sanctity of fatwa

Nature, scope and legal sanctity of fatwa



Fatwa is an opinion, only an expert is expected to give.
It is not a decree and is neither binding on anyone nor enforceable. Only an
adjudication by a legal authority sanctioned by law is enforceable and binding.
Fatwa issued by whatever body, not emanating from any judicial system
recognized by law, has no legal value. It is within discretion of persons
concerned to obey fatwa, or defy it or simply ignore it. Hence, only voluntary
submission/acceptance to fatwa is permissible. Forceful imposition/enforcement
of fatwa by any person or body would be illegal and dealt with in accordance
with law. [Vishwa Lochan

Madan v. Union of India] [(2014) 7 SCC 707 

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