Fatwa not illegal, instigating others to execute it is criminal offence

Opposing the High Court (HC) ruling declaring fatwa (religious edict) illegal, noted jurist Rafique-ul Huq Monday said that fatwa is a kind of opinion that has no legal force, reports UNB. "Fatwa cannot be barred as the freedom of thought, conscience, and expression are fundamental rights of every citizen guaranteed in Bangladesh Constitution," he said while submitting his arguments as amicus curiae (friend of court) before the Supreme Court (SC) during the hearing of an appeal against the decade-old HC ruling on Fatwa. But such freedom of rights can be exercised subject to some reasonable restrictions imposed by law, he added, referring to the Constitutional provision. Rafique, also former attorney general during the 80s, said since fatwa is an opinion and not an executive order, none can punish anyone in the name of fatwa. If anyone instigates others to execute the fatwa, will be treated as criminal offence punishable under the law of the land, he noted. TH Khan, another amicus curiae, told the court that first of all the core meaning of fatwa has to be perceived. Islamic scholars can give fatwa through interpreting the holy Quran and Sunnah as and when necessary, he said. But fatwa of flogging by village mollas can never be lawful, Khan argued.