The Madras High Court on Thursday ordered that Kazis have no power to render the marriage of Muslims invalid after the husband utters ‘talaq’ thrice and no certificates must be issued by them.
The case came for hearing before Chief Justice SK Kaul and Justice MM Sundresh.
This order came after a PIL was filed by advocate and former MLA Bader Syed. The petition stated that declarations made by Kazis certifying a talaq are troublesome and they should be stopped from issuing these certificates and other documents certifying or approving talaq. It also stated that the Kazis do not have any judicial or administrative power, reported The New Indian Express.
Bader Syed and the Women Lawyers Association stated that these statements were causing immense confusion in matrimonial proceedings. They produced some certificates issued by the Kazi from 1997 to 2015 to back their claims.
However, the All India Muslim Personal Law Board and Shariath Defence Forum said that the certificates issued by the Kazis are only opinions. The counsel for the Board stated that it wants to examine the format in which a certificate may be issued just as an opinion of the Chief Kazi.
The judges granted time to the Board to formulate the format of the certificate and to place a draft of the same before the court. Till then, the court asked the board not to issue any opinion by the Chief Kazi.
Speaking to The News Minute, Bader Syed said, “It is a big victory for all my sisters and it comes as a relief to all of us. According to this order, the Kazis will not be allowed to certify any marriages invalid.”