Bangladesh Supreme Court lifts ban on issuing fatwas

Dhaka: Bangladesh's Supreme Court Thursday lifted a ban on issuing Islamic religious edicts, or fatwas, but said extrajudicial punishments in the name of Islam were illegal, the attorney general said.

Bangladesh's High Court banned fatwas in 2001 after a series of cases of Muslim women being beaten and caned, but the ruling was appealed by a group of Islamic preachers who argued fatwas were integral to Islamic practice.

"Fatwas on religious matters may be given only by properly educated persons and may be accepted only voluntarily," Attorney General Mahbubey Alam told AFP, quoting the Supreme Court ruling.

"No punishment, including physical violence and or mental torture in any form, can be imposed or inflicted by anybody in pursuance of fatwas," the court ruled, Alam added.

The Supreme Court verdict, which was not unanimous, did not specify who would be considered "properly educated" enough to issue fatwas, said lawyer Imran Siddiqui who represented the Islamic scholars.

"The court will clarify the details ... later," he said.

Rights groups

Rights groups had sought an outright ban on fatwas, arguing such edicts have often led to women being publicly whipped for "crimes" like adultery, having a child out of wedlock or even just talking to people of other faiths.

In some documented cases, rape victims have been flogged for being a "participant" to their assault.

Bangladesh, which is 90 per cent Muslim, has a secular legal system but fatwas issued by village councils - known as shalish - are often used to resolve local disputes in poor, rural areas.