'Fatwas Have No Legal Status Or Binding Enforceability': Chhattisgarh High Court Dismisses Plea Alleging Social Boycott

The Chhattisgarh High Court has dismissed a writ petition alleging that a Fatwa issued by a local mosque committee had resulted in the social boycott of a brother and sister, observing that Fatwas have no binding legal force and cannot be enforced through coercive means. The Court observed that the petitioners had failed to produce cogent material establishing that the alleged Fatwa had been enforced against them or that it had resulted in an infringement of their fundamental rights.

Justice Amitendra Kishore Prasad was hearing a writ petition filed challenging an alleged Fatwa issued by members of the Intezamiya Committee of Jama Masjid, directing social boycott of the petitioners and their family members. The petitioners sought its quashing, along with compensation for the alleged harassment and humiliation arising from the social boycott.

The petitioners contended that the Fatwa was arbitrary and infringed their right to life and personal liberty under Article 21 of the Constitution. They argued that the committee had no authority to determine their religious status or direct their social boycott.

The State submitted that an inquiry had concluded that no Fatwa directing the petitioners' social boycott had been issued and that no such boycott was prevailing in society. The private respondents also denied issuing any direction against the petitioners, contending that the Fatwa merely addressed a religious query concerning a marriage between a Sunni and a Shia Muslim.

The High Court relied on the Supreme Court's decision in Vishwa Lochan Madan v. Union of India [(2014) 7 SCC 707], which held that a Fatwa is merely an expert opinion and is neither a decree nor binding on courts, the State or individuals.

“… the decision or the fatwa issued by whatever body being not emanating from any judicial system recognised by law, it is not binding on anyone including the person, who had asked for it. Further, such an adjudication or fatwa does not have a force of law and, therefore, cannot be enforced by any process using coercive method,” the Supreme Court had observed.

Applying this principle, the High Court noted that the private respondents had disputed the petitioners' interpretation of the alleged Fatwa and denied directing any social boycott. It also relied on the police inquiry report dated January 15, 2020, which recorded that no such Fatwa or prevailing social boycott had been found.

In the absence of cogent material establishing enforcement of the alleged Fatwa or infringement of fundamental rights, the Court held:

“… the allegations made in the petition cannot, by themselves, constitute sufficient ground for granting the relief sought by the petitioners. It is also apparent from the aforesaid cited judgment, that a Fatwa has no binding legal force and cannot be enforced so as to prejudice the legal rights of any person.”

Accordingly, the Court dismissed the writ petition, while granting the petitioners liberty to avail themselves of any other remedy available under law.

Case Title: Yusuf Khan & Anr. v. Union of India & Ors. [WPC No. 1757 of 2021]