Dhaka verdict on fatwa hailed with caution

By IANS,

Dhaka : Bangladesh’s civil society and Islamic scholars have hailed a court verdict on he fatwa, but asked the government to specify who could issue it so as to prevent misuse.


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The Supreme Court verdict says fatwas can be issued, but not for punishing anyone. It is silent on who can do that.

Calling for its strict implementation to check abuse, they hoped misuse of fatwa will reduce if the government specifies the eligibility of the people to be allowed to issue a fatwa, The Daily Star reported.

Some, however, warned of further exploitation of the fatwa as the apex court’s verdict had termed it legal.

“It’s an extremely positive verdict,” Sultana Kamal, adviser to a former caretaker government, said.

But women’s rights activist Maleka Begum said: “Regardless of what the full verdict says, the first part, which terms fatwa legal, will undoubtedly have a negative impact.”

“Following this verdict, I hope Imams and other Islamic professionals who normally give fatwas will be more aware and the torture in its name will scale down significantly,” said Abdullah Maruf, one of the five Islamic scholars who requested the Supreme Court to cancel a High Court verdict that declared fatwa illegal.

The apex court had heard views of several Islamic scholars.

Sultana Kamal, however, said there is confusion on the definition of “properly educated persons” who can issue fatwa, and the “religious matters” based on which fatwa can be given.

“But we’re happy that there are safeguards in the verdict which says that fatwa cannot be issued to violate rights or harm reputation or dignity of any person, which is covered by the law,” said Sultana, executive director of Ain o Salish Kendra.

Its success will depend on its implementation by the law enforcers, she observed.

Maruf suggested the government specify the eligibility of the scholars to deliver fatwa in line with the apex court judgement.

Saying their opinions to the Supreme Court have been reflected in the verdict, he opined that anyone misusing fatwa should be immediately arrested.

Dhaka University Vice-chancellor A.A.M.S. Arefin Siddique said the judgment will definitely reduce “punishments and other brutality in the name of fatwa”.

The apex court’s verdict came a decade after a high court judgment that held fatwa illegal, caused violent protests.

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