No religious institution can function as a court, says Chhattisgarh High Court

No religious institution or private body can be allowed to assume the authority of a court, the Chhattisgarh High Court said in a recent order after a woman challenged the self-styled “orders of a Sharia court” saying she was allowed a divorce under Muslim personal law.

“..this court notes that religion may guide an individual’s conscience and personal belief, but no religious institution or private entity shall be permitted to usurp the authority of a court established by law or to use religious belief as a means of determining or enforcing an individual’s legal status and rights. The rule of law and the constitutional framework remain paramount,” the court said in its order.

The appellant, a 38-year-old Muslim woman from Raipur, has sought to set aside the impugned order dated 18 January 2022 passed by the Idara-E-Shariya Islamic Court “passing a decision granting Triple Talaq/Divorce to the petitioner”. She also challenged the very existence of the so-called Idara-E Shariya Islami Court.

She argued that the existence of such a body was contrary to the Constitution, Fundamental Rights to Life and Liberty and the Muslim Women (Protection of Rights on Divorce) Act, 1986 {specifically Section 2 (c)} where the petitioner/Muslim women were given absolutely no opportunity to be heard under the Indian “Shariyat” law which is not applicable in India.

She informed the court that while the criminal proceedings against her husband under the Indian Penal Code, 1860 were pending, she was shocked to learn that the Idara-E-Shariya Islamic Court was supposed to exercise such jurisdiction and issue an order affecting her marital status. As she informed the court, this happened despite the fact that she had already contacted the relevant authorities and set the legal machinery in motion.

During the hearing, the public prosecutor said that India’s constitutional and legal framework does not recognize any parallel judicial system based on religion.

The informal bodies, alternatively styled as “Sharia Courts”, “Darul Qaza” or “Kazi Courts”, have absolutely zero statutory recognition, jurisdiction or authority to adjudicate civil and matrimonial disputes.

While declaring the January 18, 2022 order issued by the Idara-E-Shariya Islamic Court without legal authority, a single judge, Justice Amitendra Kishore Prasad, refrained from ruling on the constitutionality of Talaq-e-Hasan, noting that the larger issue remains pending before the Supreme Court.

Published – 9 Sep 2026 08:17 IST