“Cannot rely on Islamic clergy to decide on point of law”: Kerala High Court

Kochi:

The Kerala High Court on Monday clarified that it cannot rely on Islamic clergy to decide on a point of law relating to Muslim Personal Law. To this the court clarified why lay scholars and Islamic clergy do not have formal legal training.

This was stated by a division bench of Justices A Mohammad Mustaq and CS Dias while dismissing a revision petition challenging its own decision regarding the interpretation of Khula.

Khula is a process through which a woman can divorce her husband in Islam.

“Courts are governed by trained legal minds. They will not surrender to the opinion of Islamic clergy, who have no legal training on the issue of law. Of course, in matters relating to beliefs and practices, their opinion is up to the court. matters, and the court should defend their views,” the court said.

The Court further observed that legal norms are the cornerstone of creating a social and cultural order within the community. The dilemma regarding open is perhaps more related to the practice that has been going on for years. In such circumstances, the court is expected to observe the legal norm.

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