Karnataka High Court Raises Doubt Over Waqf Board’s Authority to Issue Marriage and Divorce Certificates

The Karnataka High Court on Monday expressed doubts regarding the State Board of Waqf’s authority to issue marriage and divorce certificates to Muslim couples. The court’s concerns arose during the hearing of a petition challenging a government order issued on August 30, 2023, which authorized the Waqf Board and its district officers to issue marriage certificates for Muslim couples in the state.

Court Questions Authority Under Waqf Act

The issue was raised by a Public Interest Litigation (PIL) filed by Alam Pasha, who sought to quash the government order issued by the Minority, Waqf and Haj Department. The PIL contended that the Waqf Act, which governs the management of properties held in trust for religious purposes, does not include any provision allowing the Waqf Board to issue marriage or divorce certificates.

The court, led by Chief Justice NV Anjaria and Justice MI Arun, questioned the legal validity of the government order, asking, “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 court’s remark highlighted its skepticism about the extension of the Waqf Board’s authority beyond property management to matters concerning marriage and divorce certificates for Muslims.

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Background of the Issue

The controversy stems from a government order issued in 2023, which authorized the district Waqf boards across Karnataka to issue marriage certificates to Muslim couples. The petitioner argued that, prior to this order, the authority to issue marriage certificates rested with the Kazi, a religious officiant who recites Quranic verses during the marriage ceremony. Under the Kazi Act of 1988, the Kazi had the power to issue these certificates. However, after the repeal of the Kazi Act in 2013, the state government issued the disputed order, transferring this responsibility to the Waqf Board.

The petitioner further argued that the Waqf Act pertains solely to the administration of movable and immovable properties, and it does not grant the Waqf Board any authority to engage in the issuance of marriage certificates, which falls outside its legal scope.

Government’s Justification

During the previous hearing in November 2024, the state government explained that the order was issued in response to difficulties faced by Muslims traveling abroad after marriage. Many were reportedly encountering problems obtaining marriage certificates when needed for visa applications and other formalities.

Court Delays Further Hearing

Despite the state government’s explanation, the court appeared unconvinced, emphasizing the importance of clarity in this matter. The court granted the state government some additional time to respond to the petition but indicated that the issue would be resolved swiftly. The next hearing is scheduled for February 19, 2025.

In today’s hearing, the state’s arguing counsel was unavailable, which led to the adjournment of the case.

Key Concerns for Future Developments

This case raises critical legal questions about the scope of the Waqf Board’s authority and whether a government department can extend its powers to issues that go beyond property management. The outcome of this case may set a precedent for the role of religious bodies in matters of personal law and public administration, particularly for the Muslim community in Karnataka.

As the court moves forward with the matter, it will likely consider the implications for the Waqf Act and whether such administrative powers can be delegated under existing legal frameworks.