Dhaka, Apr 27 (bdnews24.com) -- Five of the country's prominent Alems (Islamic scholars), nominated by the Islamic Foundation Bangladesh, and two amicus curie favour Fatwa (religious edict).
They came up with their opinions on Wednesday during hearing on an appeal against the High Court ban on Fatwa.
The five alems are Mufti Kifayatullah, Mawlana Ruhul Amin, Mufti Kafil Uddin Sarker, Mufti Mizanur Rahman and Dr Abdullah Al Maruf, and the two amicus curie are A F Hasan Arif and A B M Nurul Islam.
The proceedings began at the Appellate Division's regular bench headed by chief justice A B M Khairul Haque.
The Supreme Court on Mar 10 directed the Islamic Foundation Bangladesh director general to forward the names of five Alems, who would place their opinions either in writing or by appearing before it by Mar 21.
Mufti Kefayatullah told the court, "When there will be a ban on Fatwa, it will [naturally] be a ban on Islam. "It's not contradictory to the law. Fatwa mean is to inform. It is not the duty of the Mufti to implement the opinion….it is the duty of Quazi (marriage registrar) to do that."
He added that the explanation on Fatwa in the High Court verdict was not appropriate. "The reports published on Fatwa in national dailies that are not actually Fatwa. Those are village arbitrations."
In a landmark verdict on Jan 1, 2001, the High Court declared all punishments meted put in the name of Fatwa illegal.
The verdict came following a hearing on a suo motu rule issued earlier by the court after a newspaper report on Hilla marriage. (Hilla dictates that a divorced couple cannot remarry before the woman is married to a third person and he divorces her).
Mufti Mohammad Toyeeb and Abul Kalam Azad appealed against the HC verdict with the Supreme Court the same year.
Maulana Ruhul Amin said those who administered lashes were not Muftis. A Mufti does not enforce any Fatwa. "It's an opinion and the right to giving opinion should not be gagged."
Mufti Kafil Uddin Sarker said Almighty Allah himself had given Fatwa in the 'Surah an-Nisa' of the holy Qur'an and His 'Rasul' (prophet) 'Sahabaye Keram' also given Fatwa. "So it should not be banned.
"It's an uninterrupted rule. The Quran, Hadith Ijma and Qiyas are the sources of Muslim rules. Fatwa has also come from the same sources."
Mufti Mizanur Rahman said the Qur'an was the constitution of the Muslims. "Fatwa is the answers to the questions of humankind about Islam. For this Fatwa should not be banned," he said.
He said it would be deemed as an influence of the government if a board was formed on Fatwa.
Abdullah Al Maruf claimed that the High Court judge issued a suo moto rule without it authority. "The whole treatment or medical system should not be declared illegal due to the mistake of quack."
He demanded that a Central Fatwa Board be formed and it be spread up to union council level. He suggested comprising alems from the Alia and Qoumi madrasas in the board.
A F Hasan Arif, in his statement as an amicus curie, said Fatwa could be given if there is no possibility of for any one to fall victim to it.
Another amicus curie, A B M Nurul Islam, said there were some provisions in the constitution which could never be changed. The original constitution of the Muslims is the Qur'an.
He claimed the Muftis have rights to pronounce Fatwa, but it should be in light of the Qur'an, Hadith, Ijma and Qiyas.
"Otherwise, legal steps should be taken against the offenders," he added.
On Feb 14, the High Court appointed nine senior lawyers as amici curie to take part in the hearing on the appeal. They are T H Khan, Rafiq-ul-Huq, Rokanuddin Mahmud, Mahmudul Islam, M Zahir, A B M Nurul Islam, A F Hassan Arif, M I Faruqi and Rabeya Bhuiyan.
The apex court started hearing on the appeal on Mar 1 this year.
Fatwa has instigated recurrence of violence, especially against women, in the past. These extrajudicial edicts have included corporal punishments that have resulted in deaths.
Hena, a rape victim, died seven days after being administered 101 lashes in line with a Fatwa pronounced by an unauthorised village court at Chamta village on Jan 24.
On Feb 26, Mufti Fazlul Huq Amini, chairman of a faction of Islami Oikya Jote (IOJ), claimed that no court can ban fatwa. He even threatened to wage a vigorous movement if fatwa was banned.
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