Today, On 10th February, The Karnataka High Court questioned the Waqf Board’s power to issue marriage and divorce certificates. Last year, the Court put a hold on a 2023 Government Order that allowed the Waqf Board and its district officers to certify Muslim marriages. The Court is reviewing whether the board has the legal authority for this role. The issue raises concerns about jurisdiction and official recognition of such certificates.
Bengaluru: The Karnataka High Court expressed doubt regarding the authority of the State Board of Waqf to issue marriage and divorce certificates to Muslim couples.
The Court had previously stayed a Government Order (GO) dated August 30, 2023, which allowed the Waqf Board and its district officers to issue such certificates.
During a hearing today, a Bench comprising Chief Justice NV Anjaria and Justice MI Arun granted the State additional time to respond to a petition challenging the GO, scheduling the next hearing for February 19.
Also Read: BREAKING| ‘Curb Waqf Board Powers on Assets’: Government Set to Bring Bill
The Court remarked,
“Waqf (authority) is granting marriage certificates and divorce certificates also? We will not grant much time (for reply) because this is a very important matter. You apparently have no authority under the Waqf Act.”
The case arose from a Public Interest Litigation (PIL) filed by Alam Pasha, seeking to quash the GO issued by the Under Secretary of the Minority, Waqf and Haj Department of the State government, which authorized district Waqf boards across Karnataka to issue marriage certificates.
The petitioner pointed out that previously, a Kazi, who recited Quranic verses during Muslim marriage ceremonies, was authorized by the Waqf Board to issue marriage certificates under the Kazi Act of 1988.
However, that Act was repealed in 2013, and the State later issued the GO granting the Waqf Board the authority to issue certificates.
The petition contends that the Waqf Act pertains only to movable and immovable properties and does not provide provisions for Waqf Board officials to issue or handle marriage certificates. In a hearing in November 2024, the State government explained that the GO was issued to address difficulties faced by Muslims traveling abroad after their marriages in obtaining marriage certificates.
Today, the Court was informed that the counsel for the argument was unavailable, leading to the adjournment of the matter.
Also Read: [Delhi Waqf Board money laundering case] Amanatullah Khan’s Judicial Custody Extended
A Waqf Board is a legal group that looks after waqf properties, which are lands or buildings given for religious, charity, or education under Islamic law.
Key Facts About Waqf Board
- Waqf Meaning: A gift by a Muslim for good causes that cannot be sold or taken back.
- Laws in India: The Waqf Act, 1995 controls these properties. The Central Waqf Council and State Waqf Boards manage them.
- Main Jobs:
- Keeping records of waqf properties
- Stopping illegal land grabs
- Managing funds for charity and schools
- Issues:
- Land disputes and corruption
- Political control over boards
- India’s Waqf Boards: There are 32 State Waqf Boards under the Ministry of Minority Affairs.