No place for fatwa in constitution, law
Rokanuddin Mahmud tells SC
Eminent jurist Rokanuddin Mahmud yesterday said there is no place for fatwa (religious edict) in the constitution and therefore, the laws of the country.
He termed fatwa unconstitutional and unlawful while placing his opinion before the Supreme Court as an amicus curie (friend of court) during the hearing of an appeal against a High Court verdict that declared fatwa illegal.
The senior jurist said those who are giving fatwa in the country lack sufficient knowledge on Islamic jurisprudence.
The SC judges take oath for upholding the constitution and fundamental rights of the people, noted the lawyer adding, they can issue suo moto rule over any issue for protecting people's rights.
Fatwa means theological decision and there is no particular authority to issue fatwa against anybody, M Amir-Ul Islam, another famed legal expert, told the apex court.
There is no cleric system in Islam and the court can take steps to stop anything in the name of fatwa if that damages the personal freedom of any national, stressed Amir-Ul.
Attorney General Mahbubey Alam opined that the SC should not prohibit fatwa as a whole. Rather, it can give guidelines on this issue.
A six-member bench of the Appellate Division, headed by Chief Justice ABM Khairul Haque, adjourned the hearing till May 2.
The HC on January 1, 2001, declared illegal all punishments imposed in the name of fatwa after a hearing on its suo moto ruling.
The court issued the ruling following a newspaper report on hilla marriage (marriage with a third person).
Mufti Mohammad Toyeeb and Abul Kalam Azad challenged the verdict at the SC in the same year.
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