Jamaat-e-Islami faces ban in independent Bangladesh again after half a century

Banned in 1972 for ‘misusing religion for political purposes’, the party now faces another ban because of concerns about its threat to public security

Jamaat-e-Islami, the party that opposed Bangladesh's independence and was banned shortly after the country defeated Pakistan in the 1971 Liberation War, is set to face another ban.

The decision comes over 50 years after its initial prohibition in 1972 for 'misusing religion for political purposes'.

The current ban is being imposed because of the party’s perceived threat to public security.

During Ziaur Rahman's rule, the Jamaat regained its political rights, but demands for its ban had emerged as early as the 1990s from the movement led by Shaheed Janani Jahanara Imam.

These demands intensified during the 2013 Shahbagh Movement, which sought the highest penalties for war criminals.

Top leaders of the ruling Awami League, who have been in power for the past 15 years, have supported the ban on the Jamaat because of its role in the Liberation War.

However, the demand for the ban has remained unfulfilled until now.

The Jamaat remained active despite losing its registration and being barred from elections due to court rulings.

The party was allegedly involved in the recent violence surrounding the protests of the quota reform movement, which the government has cited as a reason for the ban.

On Monday night, a meeting of the ruling Awami League-led 14-party Alliance reached a consensus on banning the Jamaat.

Law Minister Anisul Huq said the final decision on how to implement the ban will be made by Wednesday.

He clarified that the ban is being imposed because of the recent violence associated with the quota reform movement and will be enacted through an executive order.

HOW WILL THE BAN BE IMPLEMENTED?

The government has considered two methods for banning the Jamaat: appealing to the court for a ban or using an executive order.

In 2013, the International Crimes Tribunal sentenced Jamaat Guru and former chief Ghulam Azam, to 90 years in prison for war crimes, labelling the party as a 'criminal organisation'.

However, the appeal for banning the party was rendered ineffective when Azam died in October 2014.

In 2016, former state minister for law Quamrul Islam said the Jamaat's ban would be achieved through legal means by that year.

Senior Awami League leader Tofail Ahmed also noted that it was a matter of time.

Yet, in 2019, Prime Minister Sheikh Hasina said the ban could not be executed because of ongoing legal cases.

The High Court revoked the Jamaat's registration as a political party in response to a writ petition filed by Tarikat Federation leader Syed Rezaul Haque and others in 2013.

The court ruled that the Jamaat's constitution 'conflicted' with the national constitution, which blocked the party from participating in elections.

This decision was upheld by the Supreme Court in 2023.

The government had also sought to prosecute the Jamaat as an organisation for war crimes, but the process stalled because of the need for legal amendments.

The issue of banning the party had been pending until it gained pace after the 14-Party Alliance's meeting on Monday night.

After the meeting, Awami League General Secretary Obaidul Quader said, “The 14-Party alliance has unanimously decided to ban the political activities of the Jamaat-Shibir group.”

“The alliance leaders believe that the BNP, the Jamaat, Chhatra Dal, Shibir, and their extremist allies are conspiring to undermine Bangladesh's independence and sovereignty. They are involved in terrorism, unrest, and murder to destabilise the country.”

The road transport and bridges minister added: “Recently, they created instability by staging covert attacks and shootings to put the blame on the government. They have committed unprecedented acts of terrorism, including killing police officers and hanging bodies. It is essential to eradicate this anti-national force for the country’s interest.”

The law minister spoke with journalists on Tuesday afternoon about how the ban on the Jamaat will be implemented.

“The prime minister has given me the instructions. Action will be taken by tomorrow [Wednesday]. I will sit with the home minister [Asaduzzaman Khan] shortly. We will inform you under what law the action will be taken once it has been decided,” he said.

Asked what procedure would be used to make the party illegitimate, the law minister said: “The protesters said they were not involved in the violence that occurred from Jul 16-20 during the anti-quota movement. We have information that the militants in the Jamaat, Shibir, the BNP, and Chhatra Dal perpetrated these acts.”

“If this party is banned, it will improve law and order in the country.”

In response to another question, Anisul said: “When a party is banned, it is done by an executive order. Trying them for war crimes is one thing and banning a party is another.”

In the afternoon, a three-hour marathon meeting was held at the Secretariat with the presence of seven key ministers and state ministers.

Following the meeting, Home Minister Asaduzzaman Khan told reporters. “The process of banning Jamaat-e-Islami is under way. There is nothing more to say about this.”

“Jamaat is involved in terrorist activities and the rise of militancy. A political decision has been made by the 14-Party Alliance and others. The necessary procedures to implement this decision are in progress,” he added.

ARTICLE 38 OF THE CONSTITUTION

The 1972 constitution of Bangladesh prohibited the misuse of religion for political purposes, which led to the banning of the Jamaat.

The ban was imposed under Article 38 of the constitution at that time.

After the assassination of Bangabandhu, during the military rule of Ziaur Rahman in 1976, this provision of the constitution was repealed, lifting the ban on religion-based politics.

This allowed the Jamaat to re-engage in political activities legally.

When the Awami League returned to power, Article 38 was reinstated through the Fifteenth Amendment to the constitution in 2011.

The article now states:

"Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of public order and morality. However, no person shall have the right to form or be a member of any association or union if:

(a) It is formed for the purpose of undermining the religious, social, and communal harmony among citizens;

(b) It is formed for the purposes of creating discrimination among citizens based on religion, race, caste, sex, place of birth or language;

(c) It is formed for the purposes of organising terrorist or militant activities against the state or citizens, or any other countries;

(d) Its formation and objectives are inconsistent with the constitution."

Hasanul Haq Inu, president of the Awami League’s ally Jatiya Samajtantrik Dal or JaSoD, said the Jamaat was indeed banned under the 1972 constitution.

During Zia's era, political activities of JaSoD and the Communist Party of Bangladesh, or CPB, were also banned, he added.

In addition, several extremist groups have been banned through executive orders over time.

Under the current Awami League government, 10 extremist and militant organisations have been banned.

These include Hizb ut-Tahrir, Jama’atul Mujahideen Bangladesh, or JMB, Jagrata Muslim Janata Bangladesh, or JMJB, Harkat-ul-Jihad-al-Islami Bangladesh, or HuJI B, Shahadat-e-Al-Hikma, Hizb ut-Tahrir, Ansarullah Bangla Team, Ansar Al Islam, Allah's Party, and Jama'atul Ansar Fil Hind al-Sharqiya.

WHAT JAMAAT SAYS

The Jamaat has condemned the 14-Party Alliance's decision to ban the party, issuing a statement to the media in protest.

In the statement, Jamaat chief Shafiqur Rahman said no political party or alliance has the authority to make decisions regarding another political party.

He said neither Bangladesh's laws nor its constitution grant such powers.

"If a practice of one party or alliance banning another party starts, it will lead to a situation where parties will keep banning each other, resulting in a collapse of state order," he added.

The statement also accused the government of diverting attention from the student-led anti-discrimination movement, alleging ‘indiscriminate mass killings’ to suppress the protests.

"In this chaotic scenario, the government's decision in the 14-Party Alliance meeting to ban the Jamaat is arbitrary, illogical, illegal, and unconstitutional."

IMPACT

With its top leaders executed for war crimes, many imprisoned or in hiding, Jamaat’s activities have been significantly curtailed over the past decade.

The party’s central office in Dhaka’s Moghbazar has been locked for years, and internal divisions have surfaced.

The Jamaat is no longer part of the BNP-led alliance after prolonged disputes. The religion-based party has also lost relevance in electoral politics following the Supreme Court's decision to uphold the cancellation of its registration last year.

If the party is banned, what will be the consequences?

Experts say the Jamaat continued to hold flash rallies and gatherings and remained politically active despite losing its registration. They also maintain a presence on social media.

A formal ban would make these activities illegal, preventing any form of support or funding for the party.

Some experts believe that if banned, Jamaat activists might resort to clandestine operations similar to extremist groups.

Shahriar Kabir, president of the advisory council of Ekattorer Ghatak Dalal Nirmul Committee, said the government should consider the 'impact' of banning the Jamaat and its student wing Islami Chhatra Shibir after so many years.

Speaking to bdnews24.com, Kabir said: “Jamaat’s roots have spread far and wide due to the delay. The destructive, religion-based politics of Jamaat has infiltrated other parties, including the BNP and even the ruling party, as well as the administration. Banning the Jamaat would have international repercussions.”

Kabir also said the Jamaat is not only a national issue but is also linked to the ‘international terrorist network’.

He said: “Jamaat’s ideology does not allow for dissent. If anyone disagrees, they must be eliminated. This ideology should not be permitted in any country’s politics.”

Ruhin Hossain Prince, the general secretary of the CPB, said the Jamaat operates openly if politics is unrestricted, but would continue its activities secretly if banned.

He emphasised the need to raise awareness to prevent the Jamaat from working underground.

“Banning their politics means not just an official prohibition but also promoting the true politics of the pro-Liberation War forces. It involves exposing their misdeeds and how they integrated religion into politics. Without public awareness against their ideology, the Jamaat will continue its activities even if banned,” he added.

Muntassir Mamoon, a professor of history at Dhaka University, said: “The demand to ban Jamaat came from civil society a long time ago. Now the government has announced it. However, announcing and implementing it are two different things. Implementation will face both internal and international challenges.”

He said the Awami League should reorganise the civil society, the youth, like-minded parties, and grassroots supporters to counter the inevitable impact.

“Jamaat is already underground. They might merge with various groups. Over the last 20 years, they have become economically strong,” he said.

Supreme Court lawyer Tapas Kanti Baul advised caution regarding potential legal complications following the government’s executive order to ban the Jamaat.

“Someone could file a writ petition in the High Court. Jamaat supporters might infiltrate other parties. Banning them won’t stop their ideology,” he said.

AN OVERVIEW OF JAMAAT-E-ISLAMI

Jamaat-e-Islami was founded on Aug 26, 1941, by the controversial religious politician Syed Abul A’laa Maududi in British India, initially named Jamaat-e-Islami Hind.

The party was banned in the region during that time.

In Pakistan, Jamaat-e-Islami was first banned in 1959 due to allegations of inciting communal riots.

The ban was reinstated on Jan 4, 1964, due to opposition to the Muslim Family Laws introduced by Ayub Khan, though it was later lifted.

Maududi was sentenced to death by a Pakistani military court, but his execution was commuted, and he was eventually released.

During the final stages of Bangladesh's liberation struggle, the Jamaat opposed the 11-point demands and other aspects of the independence movement.

During the liberation war, the Jamaat and its then student wing, Islami Chhatra Sangha, formed various groups such as Razakar, Al-Badr, and Al-Shams to support the Pakistani forces.

They committed widespread atrocities including murder, rape, and looting.

These war crimes were highlighted in various court verdicts.

With some of their top leaders hanged for war crimes, some in jail and some in hiding, the Jamaat has been in a deep political quagmire for over a decade.

Their longtime alliance with the BNP also appears to have collapsed after years of controversy.

Finally, the top appeals court confirmed the decision to revoke its registration as a political party, dismissing a challenge against a High Court verdict.

After Zia’s rule, the party was actively engaged in politics even during the reign of army dictator HM Ershad.

When Bangladesh re-established a democratic government, the Jamaat never faced any trouble during the rule of BNP Chairperson Khaleda Zia. Instead, two of its leaders became members of her cabinet.

The party, a known anti-liberation force, started to feel intimidated when the Awami League came into power and introduced the war crimes trials in 2010. Most of its top leaders were either hanged or jailed until death.

After the 10th general election, the BNP and the Jamaat launched protests to nullify the election. They resumed deadly protests a year later, but the Jamaat faced difficulties as its leaders and activists were arrested. The leaders are often arrested, even now, in meetings for “plotting violent anti-government activities”.

It filed an appeal against that verdict revoking its registration, which has recently been settled after a decade. The top court, too, turned down the Jamaat’s appeal.

As they had no registration as a political party, Jamaat candidates had to file their nominations as independent contestants in the 2018 general election. When their ally the BNP allowed them to use its symbol, the Jamaat candidates contested the election with the paddy sheaf logo.

Even before its registration was cancelled, the High Court had declared the Jamaat’s election symbol, the ‘weighing balance’, illegal, as it was an emblem of justice in the courts.

Now besides the ban, the party faces another risk, as the Appellate Division asked a petitioner to go to the High Court for the hearing of an appeal to try Jamaat at the International Crimes Tribunal as an organisation for committing war crimes.

[Writing in English by Arshi Fatiha Quazi and Fariha Bristy]