Kerala High Court on Monday made it clear that it cannot rely upon Islamic clergy to decide on a point of law related to Muslim personal law. On this, Court clarified why ordinary scholars and the Islamic clergy have no formal legal training.
This came from the Division Bench comprising Justice A Muhamed Mustaque and Justice CS Dias while dismissing a revision petition challenging its own decision regarding the interpretation of Khula.
Khula is a procedure through which, a woman can give a divorce to her husband in Islam.
"Courts are manned by trained legal minds. They shall not surrender to the opinions of Islamic clergy who has no legal training on the point of law. No doubt, in matters related to beliefs and practices, their opinion matters to the court, and the court should defend their views," observed the Court.
The Court further observed that the legal norms are the cornerstones of creating a social and cultural order within the community. The dilemma relating to Khula is perhaps more related to the practice that has been followed for years. In such circumstances, it is expected to look at the legal norm by the Court.
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