Bangladesh Supreme Court Allows Fatwas, But Excludes Enforcement Measures

Bangladesh's Supreme Court yesterday reversed a lower court's ruling that had banned the issuance of fatwas (religious edicts) by village councils (shalish). (See prior related posting.) However the Supreme Court's decision severely limits the issuance and enforcement of fatwas.  As reported by AFP, Gulf News and The Financial Express, the Supreme Court, in a split opinion, ruled that fatwas may be issued only by those who are properly educated, and  "no punishment, including physical violence and/or mental torture in any form" may be used to enforce a fatwa. This precludes the practice of caning and beating women to enforce religious rulings-- a practice that had prevailed in some villages. The court also ruled that no fatwa can infringe individual rights that are protected by civil law.