Muslim Woman Divorce: Muslim women can get divorce only in court

The Madras High Court gave an important decision on the issue of divorce of Muslim women. The court has given instructions regarding the 'khula' of Muslim women that they can only go to the family court for this. The court said that a Muslim woman does not need to go to the Sharia Council. The High Court said that Sharia is a private institution and it cannot give any evidence to abolish divorce.

The Madras High Court said on a woman's divorce petition that any certificate issued by Sharia Councils would not be valid. The court said that private bodies cannot declare or certify dissolution of marriage by 'khula'. These bodies are neither courts nor arbitrators of disputes and the courts have now frowned upon such practice”, said the HC. Contact the Service Authority or a Family Court.

During the hearing, the High Court canceled the certificate issued to a woman by the Tauheed Jamaat of Tamil Nadu in 2017. The court also granted an interim stay in the 2017 case of Badar Saeed v. Union of India and restrained bodies such as the respondents (Qazis) from issuing certificates certifying dissolution of marriage by Khula. The court said that 'fatwas' used to be issued during the Mughal or British rule, but this is not the case now and has no place in independent India.