Triple talaq certificate issued by chief kazi has no legal sanction, Madras HC says

CHENNAI: The Madras high court has clarified that certificate issued by 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 M M Sundresh also said pending consideration by the Muslim Personal Law Board, no certificate in respect of talaq would be issued by the chief kazi.

Former MLA and advocate A Bader Syed moved the court seeking directions to restrain the kazis from issuing certificates and other documents approving talaq. His PIL was supported by Women Lawyers Association of Madras High Court.

Counsel for 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.