'Fatwa' is a much discussed subject in our country, especially in the recent past when AL signed an MAU with BKM. Recently in Zakiganj upazila of Sylhet arbitration has been ordered in rape case of a school girl. This measure amounts to a 'fatwa' which means a religious edict or a judgment after interpretation of religious laws, in this case Muslim criminal laws which do not take precedence over existing criminal laws. Traditionally 'fatwas' are widely proclaimed in our country and also abided by, for the fear of excommunication. But mostly 'fatwas' are given by moulvis who are not well-versed with Muslim laws and are devoid of sense of justice.

It will be relevant to mention the sources of Muslim laws so as to understand the complexity of the interpretations of laws. The Holy Quran, Hadith, Isma and 'Qiyas' are the primary sources of Muslim laws. 'Isma' is the consensus of opinion. It includes the explanations, elucidations and the decisions of the learned disciples of the Prophet (Pbuh). 'Qiyas' means reasoning by analogy from the Quran, Hadith and 'Isma'. In 'Qiyas', rules are deduced by the exercise of reason by the jurists. Among the Sunnis there is no such well-defined hierarchy among the religious teachers, as opposed to the Shias. 'Shiaism' is more dynamic and living. The 'Shiekhul Hadith', Ayatullahs or grand Ayatullah undergo an elaborate process of educations and

examinations. These processes make them real authorities on Muslim laws. It requires years of education, enlightenment and immense intellectual capability to become an authority on religious laws and practices. Contrary is the situation among the Sunnis especially in the rural areas. The half and ill-educated Moulvis are influenced by the rural elites whose interests are often contrary to the interest of the aggrieved and they are coerced into pronouncing a 'Fatwa'. These Moulvis are neither equipped nor authorised to give a rational opinion.

A common belief is that a Muslim is allowed to keep four wives at a time. 'Zaheran' or overtly the statement is true. But there are certain conditions attached to this edict or 'Fatwa', the first condition being that person is bound to mete out equal treatment to the wives. There are indications that it is not possible for a human being to treat two persons as equals. So, 'bateinan' or covertly polygamy has been discouraged. But a Moulavi always gives a 'Fatwa' highlighting the first part and concealing the more relevant second part. There are many more such instances.

Therefore, 'Fatwas' should be discouraged and declared illegal.

SN Mamoon

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