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Bangladesh apex court bans fatwa as punishment
Thursday May 12, 2011 12:48:40 PM,
IANS
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Dhaka: Bangladesh's
Supreme Court Thursday ruled against 'fatwa' (Islamic religious
edict) being issued as punishment against hapless women.
The Supreme Court modified a High Court verdict of 2001, saying
that no person can pronounce it (fatwa).
It said "no punishment including physical violence or mental
torture in any form can be imposed or implicated on any body in
pursuance of fatwa," Star Online, website of The Daily Star
reported.
The apex court said fatwa on religious matter may be given by the
"properly educated persons", which may be "accepted only
voluntarily, but any coercion or undue influence in any form is
forbidden".
A six-member bench of the Appellate Division headed by Chief
Justice A.B.M. Khairul Haque gave the verdict.
On Jan 1, 2001, the high court declared all punishments imposed in
the name of fatwa illegal.
The high court verdict had led to violent protests by the Muslim
clergy. It was challenged and the apex court had then stayed it.
Human rights organisations like Bangladesh Mahila Parishad and Ain
O Salish Kendra argued against fatwa.
The apex court too invited opinions, particularly from the Muslim
clergy that wanted that fatwa be allowed and not be made subject
to legal scrutiny.
Human rights bodies in Bangladesh say fatwa is frequently issued
at the level of local mosques to settle marital disputes and cases
of rape, the ruling being weighed against women.
Bangladesh witnessed a public outcry recently when a minor girl
was raped and the local clergy issued a fatwa, subjecting her to
lashing. She died during the flogging.
The case is pending before the high court that censured the
clergy, the police and the hospital administration.
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