The Madras high court on Wednesday said triple talaq certificate issued by the chief kazi had “no legal authority” and must instead be seen as opinions under the 1880 Kazis Act.
A bench comprising chief justice Sanjay Kishan Kaul and justice MM Sundresh also announced — pending approval from the Muslim Personal Law Board — no further certificates on triple talaq will be issued.
The bench made its judgment in response to a plea by A Bader Sayeed, a former MLA and currently a practising lawyer, who sought directions to restrain the kazis from issuing documents that approve talaq. Her PIL had the support of the Women Lawyers Association of Madras high court.
A counsel for the All India Muslim Personal Board and the Shariat Defence Forum said the nature of certificates issued by the chief kazi 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 would be no further legal ambiguities.
The bench posted the matter for hearing on February 21.