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Shariat courts can be illegal if they violate fundamental rights: S Irfan Habib

Last Updated: Monday, July 7, 2014 - 23:17

New Delhi: Historian S Irfan Habib Reacting to the Supreme Court (SC) verdict on Shariat court, historian S Irfan Habib said, "The court has reiterated what it felt about the issue. It has said earlier also that Shariat courts are illegal. If they or anything violates the fundamental rights of the citizen, then you can`t call it legal. In that case, Shariat courts are illegal. This is the scant over rule of what the highest court of the country believes."
"This decision will not affect the life of Muslims largely because these court verdicts existed already.

People already know that they are not valid. Still they exist because a large number of people go to them. Large sections of people believe that Shariat courts are valid ones and they should go to them to get justice, which is not true," he added.

The Supreme Court (SC) declared today that Shariat courts have no sanction of law.
Habib also said,"There should be a sensitization of the community and society about the validity of these courts and Fatwas, so that they know where they are supposed to go to a court of land for proper justice. Shariat can come in only when there is a religious matter."

Clearing his views on fatwa he said, "There is no difference between Khap Panchayat courts and these. Fatwas are advice and not a judgement. Nobody is bound to follow it."

In a reprieve to many, the apex court which had reserved judgment in the case in February this year, said Monday that no religion is allowed to curb anyone`s fundamental rights. The top court also added that there is no legal binding on anyone to accept a fatwa from the Shariat courts.

First Published: Monday, July 7, 2014 - 23:17
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