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Who can give Fatwa on religion–
(i) Fatwa on religious matters only may be given by the properly educated
persons which may be accepted only voluntarily but any coercion or undue
influence in any form is forbidden.
(ii) But no person can pronounce fatwa which violates or affects the rights
or reputation or dignity of any person which is covered by the laws of the
land.
(iii) No punishment, including physical violence and/or mental torture in
any form, can be imposed or inflicted on anybody in pursuance of fatwa.
(iv) The declaration of the High Court Division that the impugned fatwa is
void and unauthorized, is maintained. (Syed Mahmud Hossain, J).
.....Mohammad Tayeeb =VS= Ministry of Religious Affairs, (Civil), 2018 (2)
[5 LM (AD) 461] ....View Full Judgment
A judicial decree, sentence, order or judgment: particularly when delivered
by a Mufti or doctor of Muhammadan law.
Fatwa means legal opinion by a person of lawful authority. Legal system of
Bangladesh empowers only the Courts to decide all questions relating to the
legal opinion on the Muslim and other laws as in force in Bangladesh and as
such any fatwa by any unauthorized person is illegal. ….. [Editor, The
Daily Banglabazar Patrika vs. District Magistrate, Naogaon, 21 BLD (HCD)
45]
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