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Thiruvananthapuram: The Kerala High Court on Tuesday said it will not defer to the opinions of Islamic ministers while deciding legal questions because they lack legal training.
A division bench of Justices Muhamed Mustaque and CS Dias said that when dealing with the law, the courts are run by trained legal minds and matters related to beliefs and practices are considered the opinion of the ministers.
“Courts are governed by trained legal minds. The court should not submit to the opinions of Islamic ministers, who have no legal training on the subject of the law. Undoubtedly, in matters related to to beliefs and practices, their views on the court and the court should take into account their views,” it said.
To answer the question that the court cannot rely on the ministers to decide the personal law that affects the Muslim community, the court said to distinguish between the Fiqh and the Shariah.
The court was hearing a petition seeking a review of its previous judgment which held that the right to terminate a marriage during a Muslim woman’s life is an absolute right, conferred on her by the Quran holy, and not under the law. consent or desire of her husband.
After hearing all the parties, the court found no reason to review its decision and dismissed the application.
It was also pointed out that this is not a new concept, it has increased over the years as scholars of Islamic studies, who have no training in jurisprudence, began to explain the concept of the law in Islam, based on a mixture of faith and practice.
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