Bangladesh court rules fatwa illegal

By Haroon Habib

DHAKA, JAN. 2. In a landmark judgment, the Bangladesh High Court has declared fatwa as illegal and also ruled that a fatwa given by any unauthorised person was illegal and that it must be made a punishable offence by Parliament immediately.

The High Court judgment on Monday will have a far- reaching impact, including a possible protest by fundamentalists. It was delivered against the backdrop of an increasing number of fatwas which are mostly given by semi-literate mullahs against women. The Division Bench comprising Justice Mohammad Golam Rabbani and Justice Najmun Ara Sultana, the first woman judge in the country's history, said any fatwa, including the instant one, was unauthorised and illegal. ``Fatwas means legal opinion which means legal opinion of a lawful person or authority. The legal system in Bangladesh empowers only the courts to decide all questions relating to legal opinion on Muslim and other laws in force,'' said the judges.

Meanwhile, women organisations welcomed the judgment, saying it would be a weapon to fight religious fanaticism which is one of the major causes of repression of women in the country. They have also termed the judgment as ``a big relief'' considering their long-drawn struggle against the Fatwabaj. The Bench gave the verdict after hearing the suo motu rule on the Deputy Commissioner of Naogaon. The Court asked the official to show cause why action should not be taken against him for failing to act against a maulana whose fatwa had destroyed a housewife Shahida of Atiha village in Naogoan district.

The court recommended that ``a fatwa by an unauthorised person or persons must be made a punishable offence by Parliament immediately, even if it is not executed.'' The court also suggested that the study of Muslim Family Laws Ordinance must be introduced in all schools and Madrasahs and that the khatibs in all mosques must be directed to discuss the ordinance in their Friday sermons. With the court verdict, the maulana, who declared the marriage of Shahida Begum with Saiful Islam illegal, will be tried.

Send this article to Friends by E-Mail

Section  : International
Previous : India dilly-dallying on Kashmir issue: Pak.
Next     : RSS claims evoke ridicule