Do Indian Muslims Need Darul Qaza? A Progressive Reappraisal

By New Age Islam Correspondent 1 September 2025 This article is contextually relevant because the debate on Darul Qaza continues to resurface in India, especially after recent Supreme Court and High Court verdicts in 2025 that once again clarified that such forums have no legal authority. At the same time, many Muslim families still depend on them for quick, affordable, and culturally familiar solutions to family disputes. This creates a tension between community practices and constitutional law. By looking at Darul Qaza from a progressive perspective, the article explores how these forums can be reshaped into rights-based mediation centres that respect both faith and the Constitution. In a country facing frequent communal polarisation and debates on Muslim personal law, the discussion is timely, as it points to a way forward that balances identity, justice, and legal certainty. Major Points: 1. Indian Muslims, however, require access points that are easy, affordable, and sensitive toward their culture where issues can be resolved respectfully before a courtroom. A transformed Darul Qaza—with no pretensions at playing a court, emphasizing equality for male and female genders, and linked transparently to legal mediation—can offer that very solution. 2. In a multicultural country like India, secularism doesn't translate into eliminating cultural practices. It translates into enabling them to thrive in the spirit of rights under the Constitution. 3. If Darul Qaza can reinvent itself as a clear, balanced, and law-abiding system of mediation, it can coexist among Muslim families. Not as a court in the shadows, but as a connector between faith and law. That is how we shall move onward. ----- The debate over whether Indian Muslims need Darul Qaza, or Sharia or community courts, has persisted for years. The Muslim organizations set up the Darul Qaza as a way of giving quick, cheap, and culturally appropriate solutions for family matters such as marriage, divorce, maintenance, inheritance, and partition of assets. Their proponents believe them a natural part of community living and personal law. Their critics believe that they are independent courts, outside the Constitution, and also discriminate against women. The issue was once again highlighted by a string of court decisions, the most recent in 2025, when the Supreme Court, once again, declared that Darul Qaza is not legally empowered. That is, its decisions don't matter in Indian law. Even so, there is a need for it in some way, at least in lesser towns where the courts are sluggish, costly, and intimidating. The main issue isn't whether Darul Qaza should or should not be called "courts," but whether or not Darul Qaza can be made community counselling and mediation centres that supplement the Indian judicial system and don't compete with it. What is Darul Qaza? Darul Qaza means "house of justice." In the past, places like the Imarat-e-Shariah in Bihar, Jharkhand, and Odisha set up such forums for the settlement of community problems. They did not operate as official Indian State courts of justice and yet remained faith-based platforms that couples and families may avail for the settlement of issues quickly, at minimal expense, and in a respectable way. A Qazi or religious scholars would listen to both sides and suggest compromise and note a solution. To many Muslims, the traditional way of proceeding resulted in greater ease than it would in formal courts. But the law has ever delineated distinctly. These forums are not substitutes for actual courts and shall not supersede the Constitution or judicial decisions. This conflict between popular expectations and constitutional boundaries lies at the centre of contention today. What the Courts Have Held The Supreme Court has also made its position clear on this issue. In the case of Vishwa Lochan Madan v. Union of India in the year 2014, the Court did not ban Sharia panels categorically but said no fatwa or decision by a Darul Qaza has any legal effect. They can be used as advisory or voluntary mediation centres, not like official courts. If their decisions are coercive or contravening basic rights, they are illegal. This stance was also reiterated in the year 2025 when the Supreme Court gave a ruling in maintenance and alimony. The Court once again stated that Darul Qaza, Qazi's Courts, or Sharia Courts are not accepted by the law and cannot be treated like real courts. Their decisions are not enforceable and should not be misinterpreted as official mandates. High Courts have clarified matters. In 2025, the Telangana High Court considered Khula, the female right to initiate a divorce in Islam. The court agreed that Khula was a legitimate religious right but indicated that the legal process for terminating a marriage has to be through the courts. This makes the record clear and prevents issues later on with matters such as a bank account, passport, or children. Collectively, the rulings indicate that Darul Qaza has the capacity for mediation, yet not for giving rulings that are legally binding. Only the courts are capable of doing that. Why Do People Even Go to Darul Qaza? Despite these clear answers, however, many families nonetheless visit Darul Qaza. There are some positive social explanations for this. In the first place, ordinary courts are slow, costly, and intimidating. To a poor family in a small town, the prospect of retaining a lawyer, waiting for years for hearings, and commuting back and forth to court is more than it can cope with. A community gathering that can hear them speedily and for nothing appears a blessing. There is also a comfort in culture. A family that follows Islamic personal law may feel more understood in a religious setting than in a state courtroom. Mediators who understand the religious language can often calm egos and tempers better. Many conflicts are about dignity instead of money, and advice based on religion can help provide emotional closure. Lastly, individuals consider Darul Qaza less aggressive than ordinary courts. Lawsuits frequently set families against each other, yet community mediation tends toward a compromise. This is the reason why, even without any official status, Darul Qaza continues to draw individuals in search of immediate solutions. The Issues with Darul Qaza But the problems are very real. The primary problem is confusion. Many people falsely assume that a ruling from Darul Qaza is legally binding. This often causes false finality, at least for women, who later find out that the settlement has no legal power in court. There are concerns about fairness in such cases. Because these are unofficial meetings, there is the likelihood that social pressure would compel a weak individual into accepting unequal conditions. Women in particular would have difficulties in case the group is predominantly male and does not allow them equal speech. Without protections, what appears to be a "compromise" would end up being coercion. Another problem is overreach. Some Darul Qazas behave as if they can award divorces, custodies, or rights over immovable property. But according to Indian law, issues like divorce and custodianship cannot be decided out of court. Only a court can order that. If a Darul Qaza tries what it cannot, it creates confusion and dilutes rights. Last, there is the issue of getting agreements to stick. Oral settlements can fall through anytime. If an agreement is not reduced and signed by a court or a Lok Adalat, it is nothing in the eyes of the law. Families that thought that their issues had been resolved found themselves in yet another cycle of conflict. The Progressive Case for Reform The progressive Muslim thought doesn't see Darul Qaza as a rival judiciary but a potential partner in conflict resolution. If it is overhauled, the forums will reduce conflict, spare families from incessant litigation, and yet retain constitutional rights. The first step is rebranding. Darul Qaza must make it clear to the public that it is not a court, but a service for mediation that people can choose. Its job is to help families communicate, look for compromises, and come to agreements that follow personal law and the Constitution. The second step is legal integration. Every agreement made in Darul Qaza should be written down and filed in a court, a Lok Adalat, or under the Mediation Act of 2023. Only then does it become legally binding. Without this step, families stay unprotected. Third is gender justice. Reformed Darul Qaza should also use female mediators, offer a safe environment for women survivors of domestic violence, and ensure that one of the parties is not forced into an unjust compromise. Each party should be given a clear explanation of their legal rights, preferable in one's own language. Training matters a lot. Mediators need not only religious guidelines but also legal procedures, rights granted by the Domestic Violence Act, and guidelines for protecting children. Only through this can they support the family responsibly. Ultimately, there has to be transparency. Accords should be put in writing, both parties receiving copies, and computer records maintained. This prevents conflict later and builds confidence. Examples from the Ground The Shariah Imarat chain in Bihar, Jharkhand, and Odisha is arguably the most visible Darul Qaza in India. It has for years offered an option for local Muslims apart from traditional courts. It is still favoured by many in rural areas due to its swiftness and cultural affinity. Even there, however, issues of enforceability persist. If regularly its settlements would be channelled into Lok Adalats or conciliation centres, it would not only be more legitimate, but also more effective. Similarly, community counselling can make a woman more comfortable about Khula. But the actual termination of the marriage has to be brought through a family court, so that a woman's legal documents reflect her new status. In this way, religious practice and the law can complement one another. The new Act of Mediation 2023 favours mediation and offers a choice. The Act makes agreements that have been mediated enforceable by individuals as far as they can enforce court decisions. If Darul Qaza also offers a pre-mediation forum that prepares the families for this process, that would be a bridge and not a separate system. What would a Modern Darul Qaza be Like? Visualize a young couple in a dispute. They go to Darul Qaza because it is less threatening than a courtroom. A panel consisting of women mediators sits alongside them, hears out their complaints, and facilitates an agreement regarding maintenance, custodianship, and partition of property. The details are set out in writing. Both parties are subsequently escorted into the local family court, where the agreement is registered and stamped, and it becomes legally enforceable. This way, both the wife and the husband receive respect for their religion and also receive legal protection. Neither can at a later date refute that agreement, and respect and legality are both retained. This system views Darul Qaza not in competition with the courts, but rather as a preliminary step, a forum for consultation and consensus, that leads smoothly into the legal system. Conclusion So, Indian Muslims require Darul Qaza? Not as auxiliary courts, certainly not. The Supreme Court has rendered that impossible and that is correct. Indian Muslims, however, require access points that are easy, affordable, and sensitive toward their culture where issues can be resolved respectfully before a courtroom. A transformed Darul Qaza—with no pretensions at playing a court, emphasizing equality for male and female genders, and linked transparently to legal mediation—can offer that very solution. In a multicultural country like India, secularism doesn't translate into eliminating cultural practices. It translates into enabling them to thrive in the spirit of rights under the Constitution. If Darul Qaza can reinvent itself as a clear, balanced, and law-abiding system of mediation, it can coexist among Muslim families. Not as a court in the shadows, but as a connector between faith and law. That is how we shall move onward. Related Article: Festival Without Borders: Why Muslims Should Attend And Organise Celebrations For Non-Muslims; Banu Mushtaq’s Role In Inaugurating The Mysuru Dussehra Festival How Islamic Reform Movements Gave Rise to Militancy and Sectarianism: The Indian Experience with Deobandi, Barailvi, Ahl-e-Hadith and Aligarh Movements URL: https://www.newageislam.com/islamic-society/indian-muslims-darul-qaza-progressive/d/136663 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism