فوضى الإفتاء في بنغلاديش أسبابها وآثارها وعلاجها : العنف ضد المرأة أنموذجا

Abstract

Chaos (fawḍa ) of ifta is widespread in the Muslim world. Bangladesh has witnessed its manifestations, which has led to differences and disharmony among Muslims, the distortion of the image of Islam and its moderate, the destabilization of security and stability in the society, and violence against women, and has resulted into many problems in the religious field in Bangladesh. But the researcher has not found any analytical juristic study on the issue. Therefore, an investigation on this issue is one of the most important tasks to save the ummah from confusion and turmoil. So the researcher has conducted an analytical and evaluative jurisprudential study of the issue, highlighting the concept of fatwa , its legitimacy, importance, conditions, contemporary approach, history, the reality of chaos of fatwa in Bangladesh, its relationship with domestic violence, the problems that emanated from the chaos of fatwā , the causes and motives of its spread in Bangladesh, and its impact on women's issues in the family. The researcher also has suggested appropriate solutions to overcome the chaos of ifta in Bangladesh. The study employed the inductive and analytical methods, as well as the field study through the interview with some exparts. Finally, the researcher obtained some findings, the most important of which are: among the causes of this chaos are the absence of a religious and fatwa authority, the crisis of religious discourse, intellectual stagnation, fanaticism, extremism, exaggeration, ignorance of rulings and objectives of Islamic Sharīʽah and the jurisprudence of practical life (fiqh al-wi qiʽ ), misconceptions about the status of women in Islam and rulings related to them, the exaggeration in employing the rule of “blocking means” (sadd al-dhariʽ ah) in women’s issues, marriage of taḥ li l, the plurality of the curricula of Islamic education in religious schools, nonconformity of these curricula with the contemporary life and time, and issuing of fatwa by those who do not have knowledge, the necessary etiquette, and the competencies required for doing so, and the application of fatwa for personal and political interests. All this has led to a complete chaos in the field of fatwa in Bangladesh. Therefore, to eliminate the chaos of ifta , the researcher suggests to the Bangladeshi government to establish an independent body to organize and supervise the process of fatwa .