In January 2001, a bench of Bangladesh High Court Division had declared all kind of fatwas illegal. People from some quarters have readily accepted this verdict without any proper understanding of it. The London-based Amnesty International also expressed their satisfaction over the verdict.
The High Court, in its judgment, had said fatwa meant the legal opinion of lawful persons or authority, and the legal system of Bangladesh empowers only the courts to decide. The High Court observation is correct, according to the law of the country. However, this verdict has been opposed by religious leaders and others. They have filed a writ petition challenging the High Court’s judgment.
Many articles and reviews have been written on “fatwa.” Everyone has tried their best to focus on the matter according to their own understanding. Unfortunately, none of them were well-versed in Islamic jurisprudence.
The matter became a burning issue when the Awami League entered an MoU with Khelafat Andolon before the 2006 general election, that if voted to power, the AL would approve of the blasphemy law and allow fatwa by certified Ulamas (Islamic scholars).
Eminent citizens of the country expressed grave concern over the deal. They thought the kind of people who had issued fatwas before would return with a renewed zeal, and drag the country into the dark ages.
It would introduce a parallel legal system. The AL cancelled the deal with Khelafat Andolon after widespread resentment and strong protests on the issue by party activists and outside supporters.
However, it can be observed that there remains a misconception about Islam and Sharia law, which need to be explained. Fatwa is a legal term, which is used in Islam only for Sharia related issues. So, it cannot be generalised within the existing legal frame of the non-Islamic government.
The laws regulating Islamic life are known as Sharia laws. Implementations of Sharia are made through the fatwa. The ideal Muslim life is in complete observance of Sharia. The need for fatwa arises when one requires to know the rules of Islam on a particular subject. Islam is a complete code of life, ensuring ideal life in this world and thereafter. As such, in Islam, fatwa is indispensable, and as divine law, cannot be banned by the stroke of a pen.
In fact, the practice of fatwa is not done in Bangladesh in the truest sense from the Islamic point of view. So-called village Mullahs are pronouncing fatwas for the interest of vested quarters in the name of Islam.
Lack of proper knowledge is the reason behind the misunderstanding of fatwa among common people. People have picked up on the issue of fatwas pronounced by half-educated village Mullahs.
The question that arises on the issue is complicated, delicate, and one that requires expert opinion. It cannot be allowed to go on without explanation. It will be wise to ensure its proper use.
As a fatwa is a verdict concerning issues based on Sharia law, it would be appreciated if the government deems it fit to establish some special type of school for the study of Islamic jurisprudence. These schools will conduct necessary research on the Holy Qur’an and Sunnah, giving special emphasis on Islamic jurisprudence and law.
The following recommendations may be considered regarding this issue. The government should establish a Sharia board, appointing a panel of competent Muftis and other resourceful persons in the subject for dealing with the fatwa issue exclusively. Second, knowledge-based policy dialogues on Islam should be arranged immediately, with renowned Islamic scholars in the country, for defining the fatwa for modern times. Third, science-based religious education must be promoted, with comparative studies on other religions, for a proper understanding of the essence of Islam. Religious institutions like madrasas need to be under strict discipline. These institutions should ensure better education.
Also, standard qualifications for imams in the country need to be determined so that misinterpretation of Islam can be avoided.
We hope our religious scholars and eminent citizens will come forward to resolve this issue and make necessary recommendations for the government. Our media can play a pivotal role in the matter.