Triple talaq certificate by chief kazi has no legal sanctity: Madras HC
The Madras High Court has clarified that certificate issued by a chief kazi for triple talaq is only an opinion and has no legal sanction under the Kazis Act, 1880.
The first bench of Justice Sanjay Kishan Kaul and Justice MM Sundresh also said pending consideration by the Muslim Personal Law Board, no certificate in respect of talaq would be issued by the chief kazi, The Times of India has reported.
Former MLA and advocate A Bader Syed had moved the court seeking directions to restrain kazis from issuing certificates and other documents approving talaq. His PIL was supported by the Women Lawyers’ Association of the Madras High Court.
Counsel for the All-India Muslim Personal Board and Shariath Defence Forum said the nature of certificate issued by the chief kazi, who had expertise of Shariat law, was only an opinion.
The board also said it would examine the format in which talaq certificate could be issued by the kazi so that there was no ambiguity legally.
Granting the board time, and also directing it to place a format of the certificate before it, the bench posted the matter for further hearing on February 21.