In a landmark judgement, the Madras high court on Tuesday held Sharia Courts functioning in mosques in the city as illegal and said they had no constitutional right to hear cases of talaq.The judgement was given by a two-judge bench of the court consisting of Justice S K Kaul and Justice M Sundaram on a petition filed by a sales engineering Abdul Rehman.
In the petition Rehman, 29, had charged the Sharia Court with putting pressure on him to divorce his wife after he uttered talaq thrice .He pleaded that he had changed his mind and that he wanted to relive with her but the Sharia court would not allow it.
This court was also hearing other cases of talaq and orthodox Muslims were going by verdict given by it.
The high court , in its order, observed that the mosque is a religious place and it should be used only for the purpose of worship. Legal matters should be left for the high court and other courts to decide.
It has asked the police to present the status report — whether or not such courts are still existing– to the court in four weeks
The ban on this court should be an eye-opener for other such courts if existing in other parts of the country. This judgement comes in the wake of another major observation made a few weeks ago. The Allahahad high court had recently observed that triple talaq is unconstitutional.