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Bangladesh | ||||
Fatwa doesn't have any legal force | ||||
2011-04-26 | ||||
[Bangla Daily Star] Eminent jurists Rafique-ul Huq and Dr M Zahir yesterday told the Supreme Court that fatwa (religious edict) is a kind of opinion without any legal force.
Senior counsel TH Khan, another amicus curiae, favoured the appeal saying fatwa should not be declared outright as good or bad.
As per the constitution, everybody has the right to give fatwa as an opinion, but cannot instigate others to commit a criminal offence, Rafique-ul Huq told the court. Nobody can punish anyone in the name of fatwa and any aggrieved person can move to the court against the instigators, he added. He also observed the HC verdict imposing a complete ban on fatwa is not right. M Zahir opined anybody can give fatwa as advice but must not interfere into other's rights. He apprehended social problems if the SC makes fatwa permissible. If the SC declares fatwa illegal as a whole, it will be an injustice, mentioned TH Khan adding, it could lead to a movement in the society.
On January 1, 2001, the HC declared illegal all punishments imposed in the name of fatwa after a hearing on its own suo moto ruling. The court issued the ruling following a newspaper report on hilla marriage (marriage with a third person). Two maulanas -- Mufti Mohammad Toyeeb and Abul Kalam Azad -- challenged the verdict at the SC in the same year.
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Posted by:Fred |