Supreme Court Clarifies Legal Status of Sharia and Kazi Courts in Maintenance Disputes
By Abhishek Jat, Advocate The Supreme Court of India, in its recent decision in Shahjahan vs State of Uttar Pradesh , has provided critical clarity on the legal standing of religious adjudicatory forums such as the 'Court of Kazi', 'Darul Kaja', and 'Sharia Court' within the Indian legal system. The judgment reaffirms that these bodies, regardless of their designation, do not possess any statutory authority under Indian law, and their pronouncements or directions are not legally binding or enforceable. Case Overview The dispute arose when the appellant-wife, married to the respondent-husband under Islamic customs, sought maintenance for herself and her children under Section 125 of the Code of Criminal Procedure (CrPC). The Family Court, and subsequently the High Court, denied her claim for maintenance, primarily relying on a compromise deed executed before a 'Court of Kazi' and making adverse findings on her conduct. The courts also awarded only a mo...