Enforcement of Fatwas in Bangladesh and the Violation of Constitutionally Guaranteed Fundamental Rights of Others: Compromising Between Rights

Abstract

Each religious community is entitled to enjoy its religious freedom, and members of every community have the right to manifest, profess, and practice their religion. Fatwas are manifestations of religious belief. In Bangladesh, extra-judicial penalties in the form of lashings or beatings may be carried out in the name of fatwas. Consequently, fatwas as manifestations of religion may come into conflict with the rights of others. Questions then arise whether fatwas as manifestations of religion can be restricted, in what conditions, and by whom. This article will examine these questions.