On 7th September 2026, the Chhattisgarh High Court ruled that a private Muslim religious body calling itself an “Idara-E-Shariya Islami Court” has no legal power to decide the marital status or legal rights of any individual. The court said religious institutions cannot take on the role of a court established under the Constitution or any law.
Justice Amitendra Kishore Prasad was hearing a writ petition filed by a woman challenging an order passed by the Idara-E-Shariya Islami Court on 18th January, 2022. Through the order, the private body had reportedly declared that she had been divorced through Talaq-e-Biddat, or Triple Talaq.
The petitioner had also questioned the existence and authority of the body, arguing that its functioning violated her constitutional rights and provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Court says religious belief cannot decide legal status
The High Court made it clear that while religion can guide a person’s faith and personal beliefs, a private religious body cannot decide matters that have legal consequences.
The court observed, “This Court observes that religion may guide an individual’s conscience and personal faith, but no religious institution or private body can be permitted to assume the authority of a Court established by law or to use religious belief as a means of determining or enforcing the legal status and rights of an individual. The rule of law and the constitutional framework remain paramount.”
The court said the Idara-E-Shariya Islami Court does not have any legal authority to determine whether the petitioner was divorced or to decide her marital status and related rights and obligations.
Woman challenged Triple Talaq declaration
The case arose after the petitioner, following the death of her first husband, married another man. Her second husband later claimed that the children from her first marriage were unable to adjust with the new family.
On this basis, the petitioner was subjected to Talaq-e-Biddat/Triple Talaq. An FIR was registered in connection with the matter, and proceedings were pending before the competent authorities.
Despite this, the Idara-E-Shariya Islami Court passed its order on 18th January, 2022, purportedly declaring that the petitioner had been divorced. The woman then approached the High Court, challenging the authority of the private body to issue such a decision.
HC relies on Supreme Court ruling on fatwas
The High Court referred to the Supreme Court‘s judgment in Vishwa Lochan Madan v. Union of India, which dealt with the legal status of bodies such as Dar-ul-Qaza and fatwas.
The Supreme Court had held that adjudicatory power must come from a valid law and that a Dar-ul-Qaza is not created or authorised by law. Therefore, an opinion or fatwa issued by such a body cannot be treated as a judicial decision.
The Chhattisgarh High Court reiterated that such a decision is not legally binding and cannot be enforced through any coercive process.
The court further observed, “… the Hon’ble Supreme Court cautioned that no Dar-ul-Qaza or other institution, by whatever name called, should issue a verdict or fatwa touching upon the rights, status or obligations of an individual unless such individual has sought it, and further held that such a decision… is not binding and cannot be enforced by coercive process.”
Court does not rule on Talaq-e-Hasan
The High Court also made an important distinction regarding the broader issue of Talaq-e-Hasan. It noted that questions concerning the constitutional and legal validity of unilateral Talaq-e-Hasan were already pending before the Supreme Court.
Because of this, the High Court said it would not decide whether Talaq-e-Hasan itself was constitutionally valid.
However, the court made it clear that the pending Supreme Court proceedings could not give the Idara-E-Shariya any legal power that it otherwise did not have. The court said the pendency of those cases could not turn the private body’s decision into a substitute for a judgment by a court established under law.
Idara-E-Shariya order declared legally ineffective
The High Court ultimately held that the Idara-E-Shariya Islami Court cannot be recognised as a court established under the Constitution or any statute. Its decisions cannot be treated as binding judicial orders or enforced through coercive legal action.
The court clarified that its decision was limited to the authority and legal effect of the communication issued by the Idara-E-Shariya.
