Jordan Times
Thursday, September 14, 2006
Lower House endorses law
governing fatwa issuance
By Mohammad Ben Hussein
AMMAN — The Lower House of Parliament yesterday
endorsed the draft iftaa law despite objections from Islamist lawmakers that the
legislation impinges upon religious freedoms and contradicts the Constitution.
Members of the Islamic Action Front (IAF) bloc, as well as independent MPs,
primarily opposed an article that places the issuance of fatwas under the
jurisdiction of a new council, to be formed in accordance with the law.
Several MPs, mainly from the IAF, voiced concern during initial deliberations
that the law would restrict freedoms and politicise religion. They also claimed
the draft law is against freedom of expression.
“The law will curb what is left of individual freedoms because it gives the
iftaa department the sole right to issue fatwas,” said Deputy Mohammad Aqel (Balqa,
Fourth District), a member of the IAF bloc.
He claimed the government drafted the legislation “in order to deprive people of
the right to express themselves” and that it used the Amman bombings last
November “as an excuse to pass several harsh laws.”
Deputy Khalil Atiyyah (Amman, First District) called on MPs to reject the
article in question.
“The law was dictated from the American imperialism... It will be disgraceful to
pass [it],” said Atiyyah.
Other MPs including Deputy Abdur-Ra’uf S. Rawabdeh (Irbid, Second District)
rejected Atiyyah’s speech as “unacceptable.”
“It is a Jordanian law. It is being discussed for purely internal issues,”
Rawabdeh retorted.
The government said the law was not politically motivated.
“The bill was meant to organise iftaa and put an end to confusing and random
fatwas,” said Minister of Justice Abed Shakhanbeh in response to deputies’
remarks.
The iftaa law paves the way for establishing a new financially and politically
autonomous body tasked with issuing fatwas on matters of public concern, which
will be led by the newly created position of general mufti. The department will
include members from the government, public universities and the Armed Forces.
Before ratifying the bill, MPs introduced an amendment to Article 13 that limits
the issuance of fatwas by the iftaa department and permits qualified individuals
to issue fatwas on practical issues in citizens’ daily lives, for example the
slaughtering of animals. The new department will cover issues of general public
concern.
A clause granting the prime minister the option of consulting with the new iftaa
department on death sentences before the verdict is sent to the King for
approval also received a great deal of attention. Two camps emerged as deputies
exchanged views on the importance of the article.
The first, led by deputies Kharabsheh and Rawabdeh, claimed that death sentences
are issued from the highest judicial authority and are final.
“We should not allow anybody or any department to question verdicts issued by
the court, because this would be a flagrant infringement on the separation of
powers,” said Kharabsheh. “What if the department says the death sentence
imposed by the court was wrong? To whom should we listen?”
On the other hand, some deputies said a fatwa from the council is necessary
because human lives are at stake. Several cited an example where the court
ordered the execution of a man for a crime he did not commit.
“It is better to make mistakes in pardons than in punishments,” said IAF Deputy
Nidal Abbadi (Amman, Sixth District).
Lawmakers introduced a small but crucial change to this article under which the
prime minister would be “obligated” to ask the council for an opinion from the
general mufti.
The bill initially drafted by the government gave the prime minister the choice
to consult with the department, but did not require it.
Prime Minister Marouf Bakhit urged MPs to reconsider their move during
Wednesday’s session, but they had already voted before he voiced his concern.
During their deliberations on the bill, the Lower House National Guidance
Committee introduced a clause that imposes penalties on individuals who issue
fatwas without authorisation. The proposed penalty was six months to one year in
prison and a fine of up to JD1,000.
But the move was criticised by MPs, who ultimately scrapped the clause.
“The government was more lenient with the citizens than the Guidance Committee,”
said Deputy Mahmoud Kharabsheh (Balqa, First District), whose statement was
echoed by several deputies.
Meanwhile, the Lower House began deliberating the draft law on the
Anti-Corruption Department on Wednesday, which was suggested as part of an
official policy to fight public sector corruption. But Lower House Speaker Abdul
Hadi Majali adjourned the session until Sunday, when morning and evening
sessions will be held.