Karnataka High Court Raises Questions on Waqf Board's Power in Issuing Marriage and Divorce Certificates
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Synopsis
The Karnataka High Court has raised concerns about the Waqf Board's authority to issue marriage and divorce certificates to Muslim couples, prompting a review of a government order. The case will be revisited on February 19, as the court seeks clarity on the legality of the Waqf Board's actions.
Key Takeaways
- Karnataka High Court questions Waqf Board's authority.
- Public Interest Litigation filed by Alam Pasha.
- Government order enabling Waqf Boards challenged.
- Court stayed the order issued in 2023.
- Waqf Act does not authorize issuance of marriage certificates.
Bengaluru, Jan 10 (NationPress) The Karnataka High Court bench led by Chief Justice N.V. Anjaria and Justice M.I. Arun on Monday voiced concerns regarding the Waqf Board's power to issue marriage and divorce certificates for couples within the Muslim community.
The bench's remarks came during the review of a Public Interest Litigation (PIL) filed by Alam Pasha, which sought to annul the government order that authorized the Waqf and Haj Department of the State government to empower Waqf Boards in Karnataka to issue these certificates.
The case has been postponed until February 19 to allow the Congress-led government time to respond to the petition contesting the government order.
The court had previously put a stay on the government order issued in 2023 concerning this matter.
During the proceedings, the bench expressed astonishment that the Waqf Board was involved in issuing marriage and divorce certificates. They emphasized that this is a significant issue and that limited time will be afforded for a response. The bench noted that the Waqf Board lacks the authority under the Waqf Act to issue such certificates.
The Government Order was issued by the Under Secretary of the Minority, Waqf and Haj Department in 2023, granting Waqf boards this power.
The petitioner argued that the Waqf Act pertains solely to movable and immovable properties, with no legal basis for the Waqf Board to issue marriage and divorce certificates.
The state government had earlier informed the court that the order came after requests from the Muslim community, highlighting that couples traveling abroad experienced difficulties in obtaining marriage certificates post-marriage.
The petition asserted that the Kazi Act of 1988 previously authorized the Kazi (a religious figure who officiates marriages) to issue marriage certificates under Waqf Board supervision. However, the Kazi Act was repealed in 2013, transferring those powers to the Waqf board.
