Bangladesh Jamaat-e-Islami on Monday demanded the immediate repeal of a newly passed property transfer law, alleging that its provisions contradict the Quran and Sunnah.
At a protest rally organized by the Dhaka metropolitan unit of Jamaat at the north gate of Baitul Mukarram, Jamaat Secretary General Mia Golam Parwar also called for consultations with prominent Islamic scholars on matters concerning Islamic law.
The protesters demanded that the legislation be reviewed by the Islamic Foundation’s fatwa board and warned of stronger protests if the government fails to reconsider it.
The amendment to the Transfer of Property Act, 1882, was passed by parliament on Sunday. It allows a donor to continue enjoying gifted property during their lifetime when the transfer is made between parents and children, grandparents and grandchildren, or between spouses.
The amendment also provides that if the recipient dies during the donor’s lifetime, the property will pass to the recipient’s heirs in accordance with the law.
Parwar alleged that the legislation directly violates the Quran and Sunnah, saying even previous rulers, including the British and military ruler Ayub Khan, had not taken such a step.
“During the British period in 1937, and even in 1961 when military ruler Ayub Khan attempted to amend Muslim family laws, they could not succeed because of opposition from scholars and the Muslim community,” Parwar said.
He claimed opposition leaders and lawmakers had objected to the legislation in parliament, citing Shariah provisions, while some opposition lawmakers staged a walkout in protest.
Parwar also said Islamic scholars from different parts of Bangladesh, including the Khatib of Baitul Mukarram, had opposed the law.
“The government should have consulted eminent scholars of the country before making such a decision,” he said.
He argued that children’s responsibilities toward their parents in Islamic culture cannot be measured through property ownership.
Jamaat lawmaker Dr Md Shafiqul Islam Masud said the government had “dared” to pass legislation that, according to him, goes against the Quran and Sunnah by using the emotional issue of parents and children.
“If you think you can remain in power in Bangladesh by declaring war against Islam and laws based on the Quran and Sunnah, you are living in a fool’s paradise,” he said.
Masud questioned why the Islamic Foundation and a fatwa board exist if the government does not consult Islamic scholars on matters that, according to Jamaat, concern Islamic law.
Dhaka-5 MP Kamal Hossain said Muslims consider their religious beliefs to be based on divine revelation and questioned how parliament could legislate on an issue involving such beliefs.
He also alleged that previous assurances by government leaders that no law contrary to the Quran and Sunnah would be enacted had not been honored.
Following the speeches, Jamaat brought out a procession protesting the legislation.
Allied Islamic group protests
The Sammilito Islami Oikya Jote also condemned the legislation and demanded its amendment.
In a joint statement, the alliance’s Chairman Advocate Khairul Islam and Secretary General Maulana Harisul Haque said the Bangladesh Nationalist Party had promised voters that it would not enact laws contrary to the Quran and Sunnah if it came to power.
They questioned the rationale behind passing the law despite what they described as clear Quranic provisions.
The leaders said they had supported the BNP based on its commitment not to enact laws they considered anti-Islamic, but alleged that the party had failed to keep its promise.
They urged the government to urgently amend the law and restore the previous legal provisions.
They also called on Prime Minister Tarique Rahman to investigate whether officials around him were working against Islamic values and take action against those found responsible.
The leaders warned that failure to amend the law could trigger anger among what they described as the country’s “devout Muslim population.”
Opposition lawmakers had objected to the bill, alleging that its provisions were contrary to the Quran and Sunnah. Their objections were overruled before the bill was passed.
During the debate, opposition lawmakers walked out of the chamber but returned shortly afterward and resumed participating in the discussion.