Karnataka HC questions Waqf Board's authority to issue marriage certificates

Bengaluru: The Karnataka High Court has raised concerns regarding a government order that allows the Waqf Board to issue marriage certificates to Muslim couples, calling it “unheard of in law.”

The High Court’s observations came during a hearing on Tuesday of a petition challenging the validity of the order, which was issued by the Minority, Waqf, and Haj Department on September 30, 2023.

The petitioner, Alam Pasha, argued that the order exceeds the powers granted under the Waqf Act of 1995. He contends that the Act is meant to govern the administration of Waqf properties and institutions, but does not grant authority to issue marriage certificates, a task typically handled by civil authorities.

A division bench, led by Chief Justice NV Anjaria and Justice KV Aravind, expressed doubts over the legal foundation of the order. They asked the government to cite specific provisions within the Waqf Act that would permit the Waqf Board to issue marriage certificates. “This order is unheard of in law. Show us the power under the Waqf Act by which the Waqf Board can issue marriage certificates,” the bench stated.

During the proceedings, the government’s counsel sought a two-week extension to file objections to the petition. However, the court declined the request, scheduling the next hearing for November 21.

The case has highlighted questions about the legal scope of the Waqf Board’s functions, as the court awaits clarification on whether the board can lawfully engage in certifying marriages.

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