Bangladeshi High Court Prohibits Fatwas To Impose Punishment

By Achal Narayanan
Religion News Service

CHENNAI, India (RNS) Bangladesh's highest court has banned punishments handed down by fatwa, or religious edict, after a series of cases of Muslim women who were beaten or caned for religious offenses.

The July 8 ruling by two judges of the court, including a Hindu, resulted from petitions filed by human rights groups and lawyers in the nation that is nearly 90 percent Muslim.

The petitioners said women were publicly whipped for "crimes" of adultery, having a child out of wedlock, or even talking to people of other faiths. In some cases, advocates said rape victims were reportedly flogged for being a "participant" in their assault.

Deputy Attorney General Akram Hossain Chowdhury told journalists in Dhaka that the ruling means "extrajudicial" punishments issued in the form of a fatwa are "illegal and without lawful authority."

The court's ruling also imposes jail terms for clerics or any members of village courts who order such punishment by invoking Islamic Shariah law.

Human rights lawyer Shadeen Malik hailed what he called a "landmark" ruling, saying it shows "clearly that nobody has the power to inflict physical and mental torture on any person in the name of religion."

Last April, the same court ruled that women employed in public institutions were not required to wear the veil or "hijab" against their will. Forcing a woman to do so was a "flagrant violation" of basic human rights, the court said.

Comments

[Progressive forever]

07:46 PM on 07/28/2010

At last a brave step. This will keep the Mullah attempts to usurp the power of the state in check. At least in theory. I am surprised that Bangladesh has this issue. After their encounter with radical Islam in 1970 and their eventual freedom I would expect a much more secular society.

[jjdrma]

12:32 PM on 07/15/2010

Unearthing Some of the Muslim lies!

By Mohammad Asghar
http://www.islam-facts.com/muslim_lies.htm

[jjdrma]

12:21 PM on 07/15/2010

Amil Imani, a former muslim from Iran said this: Islam must be stopped in US

http://www.faithfreedom.org/articles/op-ed/islam-must-be-stopped-in-america/

[hello All]

09:09 PM on 07/15/2010

People do anything for money.

[jjdrma]

12:16 PM on 07/15/2010

muslims spin and beat round the bush quoting some news pieces, to depict how bad the non muslim nations/people are. They dont want to take any responsibility of violence and minority persecution in the name of Islam. They always cite some stray and unrelated crime as crimes of religion on every blog. When questions are raised about mohammad marrying a 6 yr old ayesha and raping the kid when she was 9, they say she didnt complain. How many muslim nations have a lower age limit for girls marriage, anybody? If so what is the legal age limit. Dodge the question, brave fellas?

[Usama]

12:44 PM on 07/16/2010

jjdrma, to be honest, Muslims are not inclined to discuss the injustices and evils perpetrated between Muslims and within the Muslim world on nonMuslims at nonMuslim websites where people are generally uninformed, misinformed, often misled about Islam and Muslims.

And since Western powers have 200 years of constant military, political, economic imperialism towards the Muslim world, no one who actually cares about Muslims or the Muslim world will go to the imperial powers to give fodder for them to stage yet another intervention, military campaign, exploit the people, and to kill 100s of 1000s more people, etc.

The Muslim world's greatest force for change is NOT going to the West and asking them for help or democracy. Its in the Islamic movements, in particular those that seek self determination and complete reimplementation of Islam. Because from these groups come moral and spiritual authority which the corrupt governments, government controlled schools and scholars do NOT have.
And these Islamic groups represent Islamic movements that have generated a Resurgence towards Islam. And with this moral and spiritual authority can Islam be reimplemented which will restore Islam as the authority in the land- the Rule of Law, not the rule of men. Because Islam FORBIDS any act of violence against nonMuslims who live peacefully with Muslims. The Prophet said any attack on a protected nonMuslim is an attack on him.

[mggwa]

07:55 PM on 08/05/2010

"Because Islam FORBIDS any act of violence against nonMuslims who live peacefully with Muslims."

You stay on your side of the planet and I'll stay on mine and we can be peaceful.

"seek self determination and complete reimplementation of Islam"

Complete Reimplementation of Islam. Perhaps you would like to explain that to Americans? What will be the impact of Islam on the American Constitution, Congress, Supreme Court, and so on?

When you say, "rule of law", we have that right now -- WHICH law did you have in mind?

[riff4u]

04:39 AM on 07/18/2010

In Florida where I live the age limit for a girl to be married is 14.........to molest one there is no age limit at all. These crimes are much higher in the West, don't kid yourself.

[riff4u]

05:20 AM on 07/18/2010

How old do you think Mary the mother of Jesus was when God begot a son with her as the Christians believe...............probably puberty as that was the custom then. God never married Mary so what does that make Jesus according to the Bible?

[hello All]

11:44 AM on 07/15/2010

If Bangladesh can do it than India can do it too.

Almost every week we read about the extra-judicial killings of couples who get married against the parents wishes out of CASTE.

A recent NYTimes article has details http://www.nytimes.com/2010/07/10/world/asia/10honor.html

"The phenomenon of honor killings is most prevalent in some northern states, especially Haryana, where village caste councils, or khap panchayats, often operate as an extralegal morals police force, issuing edicts against couples who marry outside their caste or who marry within the same village — considered a religious violation since villages are often regarded as extended families.

Even as the court system has sought to curb these councils, politicians have hesitated, since the councils often control significant vote blocs in local elections.

New cases of killings or harassment appear in the Indian news media almost every week. Last month, the police arrested three men for the honor killings of a couple in New Delhi who had married outside their castes, as well as the murder of a woman who eloped with a man from another caste."

This exclusively Hindu operated extra legal council are so powerful that they are pushing to change the law banning same gothra marriages.

[riff4u]

04:31 AM on 07/18/2010

The excesses in Hinduism are usually kept in India by the media. The West is not interested in female and spousal abuse in India because they are not on the world stage as Islam is. Spousal abuse occurs on a much greater level in the West than in India and the Islmic world. The media tries to ignore it because they can get more readers when they sensationalize a story in the Middle East.

[elsie900]

10:18 PM on 07/14/2010

Way to go, Bangladesh! Human rights and civilization are always awesome.

[donna50]

07:31 PM on 07/14/2010

Thank you Bangledesh.

[anitaj]

06:48 PM on 07/14/2010

An excellent decision!

[LiberalLee]

05:29 PM on 07/14/2010

Bravo!!
3 cheers for brave and sensible judges.

[cosmiCataclysm]

05:10 PM on 07/14/2010

Well done Bangladeshi high court - well done.

[New Yorker]

02:08 PM on 07/14/2010

I was down at Taco Bell the other day and had a Mexican Fatwah with Hot Sauce, and a Burrito Supreme, it was great.

[LiberalLee]

05:30 PM on 07/14/2010

Bet you pitch a fit f someone belittles an aspect of YOUR faith.

[FreedomOnionSoup]

08:02 PM on 07/14/2010

Did you not just do the same thing one post down?

[mggwa]

07:57 PM on 08/05/2010

Soon as you find out what it is; go for it :-)

[nyoped]

01:36 PM on 07/14/2010

Can we also stop the evangelical lunatics imposing their fetwas on our courts?

[LiberalLee]

05:31 PM on 07/14/2010

Probably not. Christians seem to think they're (name the deity)'s gift to the world, and have the right to force their silly superstitions down our throats and into our legislation.

[marind]

12:10 PM on 07/14/2010

Probably the only good news of the day.

And interesting that even in a country that is 90% Moslem the courts recognize that forcing a women to wear the veil is a human rights violation. Exactly.

[Usama]

01:57 PM on 07/14/2010

But bombing and killing 1000s of women in Iraq and Afghanistan is the sole authority of the American government and NATO under the auspices of the UN. In other words, those who make the rules get to decide how to play AND what's right and wrong.

The hypocricy is becoming clear to the 100s of millions who once looked to the West and UN for help, but they got nothing, or worse, got guns and bombs stuffed in their faces or dropped on their heads.

The Western World Order is failing and crumbling. This Bengal court will not win the support of the people. Rather, the people will recognize that following the West will be their corruption, subjugation, prostitution. So Im glad for this court verdict. People will see the corrupt regime for what it is.

[LiberalLee]

05:33 PM on 07/14/2010

But it's ok if it's a muslim sui.cide bomber in a crowded Dehli street market or something, eh?
99% of the religions on this planet make me sick to my stomach.

[mommadona]

04:20 AM on 07/14/2010

Oh, I'm sure this is going to go well ~~~ kudos ~ braver than U.S.

[Usama]

04:12 AM on 07/14/2010

Bangladesh is a mess because its central government deserves no respect and is a figment of Western interjection, not born of its people. Secularism imposed from the govt will not be tolerated. Moreover, the people of Bengal have been betrayed and deceived into thinking their nation was their own- its not.
So how will 158 million people living in a nation the size of Iowa, 47% literacy, 89% Muslim, accept a supreme court ruling ending any autonomous legal authority?


From an Islamic legal standpoint, legal authority has always been centralized. But the people of Bengal did it their way as an expression of their beliefs and identity and since the government and police are practically nonexistant for most people, they did what they thought needed to be done. True leadership would guide them forward. False leadership hides in a courtroom issuing verdicts and rejecting people. Bengal doesnt have funds to increase police control and centralized judiciary throughout the country. But if America funds their government in support of secularization.
And how quaint, Obama is reluctant to send more funds to American state governments but will likely have funds sent to shore up Bangladeshi government. the Empire is crumbling.

[LiberalLee]

05:34 PM on 07/14/2010

So imposing secularism= bad, and imposing religion = good.
What a childish view of the way the world works.

[Usama]

01:33 AM on 07/15/2010

Imposition of religion?
I dont see that. I see millions of people who need to LEARN their religion. One of the realities of the Muslim world is that there is NO legitimate leadership. No leader who commands the respect and loyalty of people who calls for good, forbids evil, and stands for justice for all. And the West likes it like that, they prefer NO legitimate leader so the people are making a mess of things while the West can exploit for their own interests.

[mggwa]

08:00 PM on 08/05/2010

"What a childish view of the way the world works. "

Perhaps my child is unique, but she does not think this. As I think upon it, I have never met a child that informed me "imposing secularism= bad, and imposing religion = good."