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Bangladesh court declares 'fatwas' illegal

In a landmark ruling, a Bangladesh high court declared illegal all fatwas (religious edicts) not issued by courts and suggested that the country's parliament enact laws to stop such practices.

The ruling, which is expected to give relief to thousands of Bangladeshi women, came on Monday in a case of a woman who had been divorced by her husband and forced by an edict to marry his cousin.

Shahida Atikha of Naogaon village in northern Bangladesh was reportedly given talaaq (verbal divorce) by Saiful. A local maulana then issued a fatwa for hilla (forced marriage) to Saiful's cousin Shahidul.

The high court suo moto took up the case after the matter was reported in a newspaper early last month.

"Fatwa means legal opinion, which means legal opinion of a lawful person of authority. The legal system of Bangladesh empowers only courts to decide all questions relating to legal opinion on Muslim and other laws in force," the two-judge bench said.

"We, therefore, hold that any fatwa, including the instant one (as in the Shahid Akhtar case), is unauthorised and illegal," the court ruled.

Maulana Haji Azizul Haq, who issued the edict, and five others involved with its implementation will now face prosecution.

The court suggested the introduction of the Muslim Family Ordinance in the curriculum of madrassahs (Muslim religious academies) and schools and sermons during Friday prayers. It also suggested that the Jatiya Sangsad (Parliament) enact laws to stop the practice of fatwas.

PTI

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