No Country For Parallel Courts Critique on the functioning of Sharia Courts as organs of Alternate Dispute Resolution

Tanvi Sharma
Hidayatullah National Law University, Raipur, India

Volume I, Issue III, 2018

How far can a minority community go for promoting and preserving their culture without being touched by the ideals of law? This question has given rise to most complex discourses since the beginning of emergence of states as nations. In addition to legal rights, an individual recognizes some moral rights as well, essential for one’s identity. Intellectuals today are wary of the state and the constitution not identifying those rights on one hand, on the other, it is also a concern that it might encroach upon the practices already established. This research article is an attempt to analyze one such issue of Sharia Courts. Being popularized as an organ of Alternate Dispute Resolution System, a deeper study reveals certain fundamental issues which might be viewed with criticism by enlightened member of civil society. These issues, however, can be worked upon to render an informal justice scheme complementary to our integrated judicial system. I believe, with coordinated action from state as well as religious actors, these courts can act as effective tools of adjudication.


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