Fatowa an Islamic Institution or a weapon of Social torture? by Ajoy Roy

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Fatowa an Islamic Institution or a weapon of Social torture (Part -2) ?

Here is another story of fatowa victim- a minor girl was whipped 101 times. Her only fault that she was raped by a son of an influential member of the village. .

Ajoy Roy

Published on May 03, 2009

The word Fatowa has its origin in Arabic word, fatra. According to Bengali Dictionary compiled by Sansad it means `Islami Sastraanusare raiï¿½; nirdesh ba adeshï¿½.| In English equivalent we may say, fatowa means ï¿½a mandate, a decree, especially conforming to Islamic laws. In Pakistan, although an Islamic Republic, basis of the judiciary system is secular inherited from British secular system of judiciary. However there is`Sharia Councilï¿½ formed by autocratic military president Ziaul Huq. The `Sharia Councilï¿½ is charged with the responsibility of monitoring if social and state affairs are being conducted according to Islamic laws. If there is a violation council can intervene pointing out to the authority concerned. Even in Pakistan the institution fotowa is not state recognized institution. In Bangladesh context, fotowa has become a nuisance, and being used as an instrument against women. Even if we agree that fotowa is a good institution if applied in correct and proper way, who are the people to give or issue such decrees. The village touts, political mastans, illiterate moulanas and imams of local mosques ? The supporters of fotowa argues that through this institution many social and religious problems could be sorted out, judicial trials of minor nature connected with lands etc. be held at the local level. But what is the legal basis of such actions of fotowabazis. We may recall that a few years back, the Mahila Parisad filed a writ in High Court against issuing decrees and mandates and prescribing and executing punishments in the name of fotowa. The High Court division passed issuing of fotowa as illegal and orders issued by fotowa are not valid in the eye of the state laws. To any conscious citizens it is obvious that, if such institution is allowed to run in the society its ill effects are bound to create manifold problems instead of solving them.

Fotowabazis have special target on women and their activities. Let us see where the fotowabazis operate:

1. If our women folk works in NGO or any other offices; if they ride on cycles or motorbikes 2. Whether our women folk wear `borkhaï¿½ covering their entire body except two slits through which they can see; many borkhas have eye-slits covered with fine net. 3. If a women is found moving around openly with her beloved or husband. 4. If a woman is raped by a gangster(s); if a woman is accused of having illicit sexual relation with a man other than her husband (gena). 5. Whether a talak has been uttered properly or not 6. Whether after the period of iddat has been observed 7. In the case of a divorcee husband willing to remarry her divorced wife, whether a marriage has been performed with another man and if that man has divorced the woman concerned. What an irrational and clumsy remedy. The girl concerned is not only being humiliated, but a forcible sexual relation has to be committed against her will. If this is not a rape then what is the definition of rape.

In every aspect of women they are treated as objects not as human beings having conscience or will. Whatever their men folk or the society wants to impose they can without any hindrance.

Village women are the worst sufferers. The fatowabazis willfully forget that traditionally our women folk work in agriculture fields covering their body in a decent way with sari. But in name of so-called islamization of the society, the Mullhas and Moulavis fall on our women folk to harass them openly, punishing unjustly making them despicable in the eye of the society. But alas these fotowabazs constitute the elite of our rural society exercising their dominance over the common helpless poor.

Story of a minor girl

Reader, if you are not a follower of Islam, then you would probably not know what is called ï¿½dorrahï¿½. It is a punishment according to Islamic Shariat to be executed on the person of the accused by whipping with a rope, cane or special kind of leather whip. A young man of the same village raped a poor girl living in a quiet village Bhangura under Khan Marich Union in the district of Pabna some time in the first week of October 2005. When the matter was reported to the father of the culprit a and the victim family demanded actions against the culprit from the village matabbars (village leaders), a village salishi (council meeting) was summoned whose members were- Matabbar Moqsed Ali, Raisuddin, Dalu Mian, Hosen Ali and Nijamuddin, at 8 p.m. evening on Saturday, October 15, 2005. The council in its verdict found the girl guilty of inducing the young man to commit the sexual intercourse. The Imam of the mosque Golam Rabbani was asked to prescribe the form of punishment. The obliging Imam pronounced that girl must be whipped 101 (101 dorrah) times on her delicate body and the culprit boy was to be fined of Tk. 800 only, not because he committed raping but had premarital intercourse. When the punishment was being executed no body came forward to save the girl from the inhuman beastly torture. The girl became unconscious, but the execution of whipping continued till counts 101 was completed. What a shame! Do we live in a civilized society? Even then we will call Islam a religion of peace, a religion of tolerance, a religion of equality among men and women, among rich and poor. If you are a Muslim, please think hundred times, if you are a human rightists, please come forward to do some thing to save our women folk from the tentacles of fatowa-octopus.

When the girlï¿½s family refused to obey the verdict, they were threatened to be driven out of the village. In the very presence of many silent villagers and the family of the victim girl the punishment was executed with the perverted delight of the council members of the fotowa. Next day when the father of the girl wanted to inform the police, the village matabbar went to his house threatening that if they did excess the family would be driven out of the village. Police later visited the place but could not trace the victim family. Obviously they were hiding out of shame and disgrace. When contacted the chairman of the Khan March union, Janab Alim said, ï¿½I heard the of the incident, but donï¿½t know the details.ï¿½ The mattabar Mr. Moqsed Ali, the most enthusiastic member of the fatowa, who also presided over the fatowa meeting said, ï¿½the salish has found the girl guilty. For the good of the society this kind of trial was held.ï¿½ The imam said, ï¿½I prescribed the form of punishment as directed and desired by the matabbarï¿½. So this is how an Islamic institution called fatowa is being used by village touts and so-called village leaders (matabbars) and imams of mosques. Even then our society keeps itself mum, and in the meanwhile our mothers, our sisters become the victim.

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Prof. Ajoy K. Roy, is a reputed scientist and human rights activist from Bangladesh

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