'Mumbai Trust Deregistered For Conducting Unauthorised Muslim Divorce Proceedings,' Says Deputy Charity Commissioner

Mumbai: The Deputy Charity Commissioner, Greater Mumbai Region, has ordered the de-registration of Mohakkama-E-Sharia Darul Quza Rehmaniya, a central Mumbai-based public trust, for allegedly conducting unauthorised extrajudicial Muslim divorces and engaging in activities outside its charitable objectives.

Order Passed Under Maharashtra Public Trusts Act After Resident Complaints

The order, passed on August 13 by Rahul Chavan under the Maharashtra Public Trusts Act, 1950, followed complaints by city residents Dr Rizwana Afzal Shaikh and Bashir Ahmed Ibrahim Ulde.

An inquiry found that the trust had been conducting Faskh-e-Nikah—a form of dissolution of marriage—despite such activities not falling within the scope of its registered charitable objects. The inquiry also noted that the trust had failed to submit mandatory documents, including audit and change reports.

Charity Commissioner Flags Alleged Illegal Activities Affecting Women’s Rights

The Charity Commissioner observed that the trustees were involved in “non-charitable and illegal activities” that could adversely affect women’s rights. Seven office-bearers allegedly failed to appear before the authority despite repeated summons or submit evidence in their defence.

The order directs the trustees to surrender the original registration certificate within a month and prohibits the trust from conducting any further activities under its banner. Any trust property found to exist may be forfeited to the Public Trust Administration Fund.

Legal experts have consistently clarified that Dar-ul-Qazas and Sharia councils are not courts recognised by Indian law and cannot exercise judicial powers or issue binding orders. In Vishwa Lochan Madan v Union of India (2014), the Supreme Court held that such bodies cannot assume the functions of courts or determine legal rights in a manner binding on individuals.

Noorjehan Safia Niaz, co-founder of the Bharatiya Muslim Mahila Andolan, said there was no provision for parallel courts in India. “Whatever formal courts say has precedence over such bodies. Women can challenge whatever decision is taken by these courts,” she said.

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