Re: [ALOCHONA] Fatwa illegal : HC rules against all extra-judicial punishments upon writ petitions

It is only natural that "Disgusting" mullahs will have disgusting "Fatwa"s ( Which means "Opinion" in English). The problem is idiotic media [ Mostly focused on "Spice" up ordinary news] and other people with little Islamic knowledge pays too much attention to these people.

 

In a democratic country like Bangladesh, anyone can formulate any opinion and they are NOT legally binding. Freedom of opinion and freedom of thought gives us freedom to be "Stupid". We have plenty of them all around us.

 

So called "Medieval Islamic practice" was never the problem. Rather some "Modern" people with "Medieval anti-Islamic mentality" who are always eager to blame Islam for all the problems of our modern world are one of the major sources of problems.

 

As a nation we mostly pay attention to idiots and fail to honor people with dignity and dedication. You will see people ranting about political parties every month of the year but during election time they will elect same old leaders. We get what we deserve!!

 

If we build proper Islamic knowledge centers in our country, it can promote peace all over the the world. We can roughly follow the "Bishwa bharati" model in shanti niketon and bring top scholars of Islam from all over the world. Most Bangladeshis ( Myself included) spent a lot of time blaming Islam but if we do not build credible institutions and world class comparative religious study centers, we'll keep having confusion about different faith groups.

 

I hope enlightened people from all faith backgrounds will do something to address it.

 

Shalom.

 

--qr

-----Original Message-----
From: Akbar Hussain <akbar_50@hotmail.com>
To: alochona group <alochona@yahoogroups.com>
Sent: Wed, Jul 14, 2010 7:22 pm
Subject: RE: [ALOCHONA] Fatwa illegal : HC rules against all extra-judicial punishments upon writ petitions

 

This medieval Islamic practice of Fatwa is still there because Muslims in general are not ready to adjust with the changing times. When a modern nation is ruled by modern laws on what ground a parallel system is allowed to work independently? The Fatwa factory of Deobond, India, churning out fatwa's whenever the illiterate mullahs find it convenient. This is inconceivable co-existence between enlightenment and darkness is unique in Islam. Moreover the disgusting mullahs use their fatwa's mostly against women who are unprotected in the weaker societies.

 

Akbar Hussain

 

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From: bdmailer@gmail.com
Date: Fri, 9 Jul 2010 07:34:37 +0600
Subject: [ALOCHONA] Fatwa illegal : HC rules against all extra-judicial punishments upon writ petitions

 

Fatwa illegal : HC rules against all extra-judicial punishments

The High Court in a verdict yesterday declared illegal all kinds of extrajudicial punishment including those made in the name of fatwa in local arbitration.The court directed the authorities concerned to take punitive action against the people involved in enforcing fatwa against women.Anyone involved, present or taking part in or assisting any such conviction or execution would come under purview of the offences under the penal code and be subject to punishment, the court observed.

It also observed infliction of brutal punishment including caning, whipping and beating in local salish [arbitration] by persons devoid of judicial authority constitutes violation of the constitutional rights.The court said the people's rights to life and equal protection have to be treated in accordance with the law.As per the rules of the Constitution, the citizens will not be subject to cruel, inhumane and degrading treatment or punishment, the HC said.

The HC bench of Justice Syed Mahmud Hossain and Justice Gobinda Chandra Tagore came up with the verdict in response to three separate writs. The petitions were filed by rights organisations -- Bangladesh Legal Aid and Services Trust (BLAST), Ain o Salish Kendra (ASK), Bangladesh Mahila Parishad, BRAC Human Rights and Legal Services, and Nijera Kori, and four Supreme Court lawyers -- Advocate Salahuddin Dolon, Barrister Mahbub Shafique, Advocate AKM Hafizul Alam and Barrister Imaran-ul Hye.

The rights organisations filed a writ last year and the lawyers filed two separate writs this year with the HC, seeking necessary directives from the court to stop extrajudicial punishment in the name of fatwa.The petitions were filed following several newspaper reports and investigations by the petitioners into violence inflicted on women in the name of fatwa by local religious leaders and powerful corners.

It was alleged in the petitions that a number of deaths, suicides and incidents of grievous hurt of women were reported arising from punishment given in salish, but the law-enforcement agencies took no action to prevent those unlawful actions.Such kinds of conviction and punishment do not have any legal basis, they said.

The petitioners referred to international obligation under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 and the Convention on the Elimination of All Forms of Discrimination Against Women, 1979.

Earlier on August 25 last year, the HC directed the secretary to Ministry of Local Government and Rural Development, officials of the law-enforcement agencies and the chairmen of union parishads and municipalities to take immediate measures against extrajudicial penalties in salish.It also issued a rule asking them to show cause as to why their failure to prevent such illegal acts in compliance with their statutory obligations should not be declared illegal.

Barrister Sara Hossain appeared for the petitioners and Deputy Attorney General Ekram Hossain Manju for the state.Meanwhile, ASK Executive Director Sultana Kamal told The Daily Star 10-12 incidents of extrajudicial punishment took place in the name of fatwa across the country in last one year."As far as I know, six such indents including an incident of caning in Bancharampur in Brahmanbaria have taken place in different areas this year," she said.

Sultana Kamal, also a former adviser to the caretaker government, said repression against women in the name of fatwa will decrease following the HC verdict.Women who want to control themselves as per their choice will get the right to protect themselves, she said, adding that perpetrators cannot impose their religious and cruel concepts upon them.

The HC bench of Justice Mohammad Gholam Rabbani in 2001 in another verdict declared fatwa illegal, although an appeal is pending with the Appellate Division in this regard.Petitioner Barrister Mahbub said yesterday's verdict is wider than that of 2001, since the latest one declares illegal all kinds of extrajudicial punishment, whereas the previous verdict declared illegal only fatwa.

Yesterday's verdict has asked the law enforcers to remain vigilant against extrajudicial punishment and report to the court about such incidents, he added.

http://www.thedailystar.net/story.php?nid=146004

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