How did Bangladesh succeed in curbing fatwas?

Concerted efforts by legal and human rights organizations, media and law enforcement have raised awareness against random arbitration nationwide

Bangladesh has witnessed a 54% decrease in reported cases of fatwa and salish (village arbitration) – practices that have often been associated with extrajudicial punishment and human rights violations.

Several human rights activists have attributed the success in combating fatwa to cooperation among law enforcement agencies, local government, and the media.

On June 11, 2017, a salish forced a 35-year old woman to drag her nose on the ground as punishment in Malirchar Tarikpara village of Jamalpur.

The next day, the victim’s brother filed a case against seven people over the incident, and the case was immediately sent to trial.

Sub-inspector Ala-Uddin, the investigating officer if the case, told Dhaka Tribune: “The victim’s father-in-law and brother-in-law had forced the mother of three to leave her husband, and had been pressuring the couple for a divorce.”

The aforementioned incident is just a glimpse of the victimization many women face in Bangladesh under the pretence of arbitration.

The two-pronged battle against fatwa and salish aims to curb the victimization of women, as these practices have a history of being used as tools of oppression.

Working together against oppression

Bangladesh owes its success in curbing the negative impact of fatwa and salish to a number of organizations, such as Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK), Bangladesh Mahila Parishad (BMP), Brac, and Nijera Kori.

Media coverage of the victims affected by fatwa and salish, and cooperation among the aforementioned organizations and law enforcement agencies also played a crucial role.

According to an Institute for Defence Studies and Analyses report, between the years 2000 and 2011, a total of 503 women fell victim to fatwas accusing them of adultery.

The report, published on March 15, 2011, revealed that most of these women were from rural areas, where judgement was passed by influential local leaders and mullahs who, setting aside the laws of the land, took upon themselves the responsibility of dictating social and moral standards of behaviour, interpreting religion, and meting out extrajudicial punishments.

The same year, on May 12, the Appellate Division passed a judgement, giving directions on fatwa in detail, along with its implications and the restrictions on its imposition, and the scope of its practice.

The situation did not improve overnight, but the court judgement offered the officials concerned the legal grounds to deal with the illegal practice of issuing fatwa and holding salish.

From 2012 to 2017, 135 women became victims of fatwa and salish. Of them, two were killed, 16 committed suicide, and 41 cases were filed.

The data collected over the years, despite being disheartening, show an overall improvement in the situation.

Addressing the issue, ASK Senior Deputy Director Nina Goswami said: “Cooperation of law enforcement and mass media coverage is playing an important role in curbing the intensity of violence against women."

The rights activist also expressed optimism that with the full cooperation of people from all corners of society, the practice of fatwa can be reduced even further in Bangladesh.

ASM Mahbubul Alam, former director general of Local Government Division, also complimented the joint effort made by law enforcement agencies, local government authorities, such as chairmen, social workers, and community members, and the coverage given by the mass-media.