Shantanu Kumar Mondal
At present time fatwa is one of the most discussable and challenging issue
to us. The mandatory rule imposed by rural barons and lords on the mass
people that has no legal entity with the consisting of the statutory law is
called fatwa. It is implemented upon the victim with big rope or
intertwining wet gamcha. Though statutory laws are applicable in Bangladesh
for its citizens for simple matters and religion based personal laws for
family matters. About 90 percent of the population in Bangladesh is Muslim
and most dispute belonging to family related matters are judicially settled
in the Family Court of Bangladesh however a few issues may be mitigated
extra judicially by designated forums in accordance with the Muslim law.
Despite the fact that there are Muslim personal statutory law with the clear
indication as to how the controversies are to be disposed of it is often
seen that moulovies with the support of a few local barons and lords holding
influential power interfere in any dispute (marital, sexual and others) by
stating fatwa that may not be in accordance to Islam thus resulting in a
disruption of formal order of a family.
A fatwa literally means to express a decision, suggestion,
opinion , consult etc. It is a custom related to Muslim judicial system and
shows the practical expression of the rules of legal advice. It is a
juristic opinion delivered by an Islamic scholar. In prior time a fatwa was
given by renowned and learned scholars to help clear ambiguous and doubtful
personal and public matters as well as any subtle points of Muslim law.
There are some rules about who are eligible and not eligible to deliver
fatwa. According to the usul al fiqh following conditions are obligatory for
a valid fatwa-
1. The fatwa is delivered by a due knowledge gained person.
2. Consistency with contemporary world.
3. Absence of nepotism and political view.
4. Relevant with Islamic laws.
The person asking for it is called Mustafi and the person giving it is
called Mufti. The act of asking for an answer is called Istifa and the
answer so given is called fatwa.
A person having vast knowledge of Islamic law can issue
fatwa. Specially a student of Qawami Madrasah passing out from the fatwa
dept. and Ifta Board is termed as a Mufti who is qualified to issue fatwa.
In Bangladesh a few areas of Islamic law has been codified and interpreted
by judicial system according to the national jurisprudence. Fatwa has no
direct place in the system except to clarify very subtle points of law for
experts or judges or to give moral authority to a given interpretation of a
rule.
But a matter of great sorrow that according to a publication
of the Jamiya Quraniya Madrasah FIVE conditions are prerequisite for
delivering fatwas. The first two conditions say that “ The one who issues
fatwa must be learned in fiqah and acquire knowledge in fiqah from a
recognized teacher.” Hardly anyone of these issuing fatwa in Bangladesh
really qualifies to do. [THE INDEPENDENT – EDITORIAL PAGE 8th FEBRUARY
2011.]
The fatwas of famous jurists are usually collected in books
and can be used as precedents in courts of law. Since the 18th century
British Indian Rules banned following the sharia and have given less
importance to fatwa in the courts of the Indian Subcontinent and have
instead adopted secular legal systems, fatwas are issued mostly on
individual basis or political views.
Rural Bangladesh has seen an increase in the issuing of
fatwa since the late 1980s enduring various social, economic and political
implications. It causes tremendous adverse implications on female social and
economic lifestyle and their families.
A fatwa can deal with women social life in the right to
marriage, divorce, veiling, family planning, sensual desire, rape, love
affairs, right to movement and so on.
The fatwa given in rural society results in penalty of
whipping with broom, shaving off head, declaring apostate, beating of one’s
spouse by the other, wearing of shoe garland, stoning by embedding in earth,
ostracizing to force out of village, declaration of divorce and so on.
In order to protect society as well as country law and
order is compulsory. Yet some extrajudicial law and order were forced and
are now being forced like fatwa.
Few days ago on 24th January 2011 a teen aged adolescent (
14 years ) named Hena Akter daughter of a poor daily worker Darbesh Kha of
Chamta village of Naria upazilla under the dist. of Sariatpur became the
victim of fatwa and as a result died on 31st January 2011. Only in the name
of justice she was whipped seriously after being raped by Mahabub in a rural
justice authorized by Member of Union Council, Imam of Mosque, Teacher of
Madrasah and Local Barrons and Lords. They verdict to hit Hena 100 whip as a
punishment. But her physical fitness was quietly unable to bear such a
ferocious decision. So after about 70 whip she became senseless and
consequently died. (PROTHOM ALO EDITORIAL PAGE 10-2-2011.) So after death
the whole matter was tried to keep secret and for this during filing case
the claim of rape was avoided very smoothly by concerned police officer and
in local medical report there was no evidence of rape. Besides a
relationship of love was made between the rapist and the victim. It makes us
astonished. [ NEWS FROM MEDIA SPECIALLY TV CHANNELS]. Knowing these from The
Daily Star the court applied suomoto power and ordered to make autopsy
again. This time the evidence of hit and rape was proved. [ The Daily Star 7
th February]
It is only an example of recent brutality published in media.
Many happenings like this occurs often in our country-
Death of Sufia by hit of lashes at Tanor in Rajshahi
(18-02-2010), In Sylhet 101 lashes to Kamla Begum(31-05-2010), In
Brahamnbaria a girl was left from village after 101 lashes(21-05-2010), In
Dhaka Ayshea became victim of Dorrha 500 by father and uncle(01-02-2009),
Dorrha to housewife at Dupchapia(01-09-2009). [ The Prothom Alo Editorial
Page (10-02-2011).In Moulovibazar 101 stones were openly thrown at Nurjahan
and her husband Abdul Motaleb in accordance with fatwa. In Meherpur in 1997
a couple named Aman Ali and Fazila Khatun became victim of fatwa. [ RAJSHAHI
UNIVERSITY LAW JOURNAL]
The Bangladesh Mahila Parisad records issuance of fatwa as
many as 375 fatwas between 2002 and 2008. [ The Editorial Page of The Daily
Independent 8-02-2011].
In the judgment of “,Editor, The Daily Banglabazar Patrika V
Dist. Magistrate and Deputy Commissioner Naogoan, Writ petition no -5897 of
2000, 6MLR (HC) 2001, on January 1, 2001, two judges of the High Court
Division Bench Justice Mohammed Golam Rabbani and Justice Najmun Ara Sultana
ruled that any form of fatwa was illegal and was a punishable crime. If
anyone gives fatwa it will be punishable under sec.190 of CrPC. [ The
Prothom Alo Editorial Page 10-02-2011]
The case was pending for about 9 years in the Appellate
Division of SC but on July 8, 2010 in a landmark verdict the High Court
Bench of Justices Syed Mohamud Hossen and Gobinda Chandra Tagore had
declared all kinds of extrajudicial punishments in the name of fatwa or
Islamic Shariah in our country as illegal. [ The Daily Independent Editorial
Page 8-02-2010]
But now questions arise how does fatwa happen in our country
neglecting the verdict of SC.
For today’s scandalous happenings we are responsible fully.
We can never refuse these. The demotion of our morality, good conscience,
social values and lack of mutual respect, love and affection, the loose of
character, distinction of family relation, negligence of responsibility, the
threading touch of western culture and style of life, the negative influence
of modern technology are destroying our motive, intention, culture and
custom of thousand years. Besides religious orthodox and lack of public
awareness and the activity of the devils in society are also responsible too
much for inhuman justice and happenings. The avoidance and inactiveness of
law and order inspire us to occur scandalous and brutal happenings.
To remove these unexpected and brutal happenings from the
society as well as country at first we should change our lower mentality,
raise public awareness, mutual love, respect and affection in mind, raise of
good conscience, morality, social values, practice of family tolerance,
maintain religious rules and regulations and try to love all. For these we
have to be self-educated not educated in namely certificate. We should
change our mentality in male exploited society that women are not only goods
of consumption, entertainment and machine of producing children. We should
think that today’s girl is the wife and mother in future. We all were in
their womb. Nobody can neglect this universal truth. So we should give their
higher class honorable dignity for the quality of maternity. Besides these
we should maintain and follow the rules and regulation of our country. Then
we will be able to claim ourselves as a citizen of civilized and ideal
nation.
Shantanu Kumar Mondal
2nd year,
Roll-10059021
Session- 2009-2010
Dept. of Law & Justice
University of Rajshahi
কোন মন্তব্য নেই:
একটি মন্তব্য পোস্ট করুন