About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

33 Dhaka Univ. L.J. 43 (2022)
Recent Trends of Judicial Activism for the Advancement of Muslim Family Laws in Bangladesh: A Critical Appraisal

handle is hein.journals/dkauvylw33 and id is 51 raw text is: C Dhaka University Law Journal, 2022, 33(1), 43-56 DOI: https://doi.org/10.3329/dulj.v33i1.61508 Recent Trends of Judicial Activism for the Advancement of Muslim Family Laws in Bangladesh: A Critical Appraisal Mohammad Golam Sarwar* ABM Asrafuzzaman** Abstract: The aim of this paper is to analyse the trends ofjudiciary towards the development of Muslim family law in Bangladesh particularly in the areas of restitution of conjugal rights and maintenance. While analysing the trends, the paper underscores the role and significance of judicial activism in developing new principles considering the changes in the society. The paper highlights the progressive interpretations and approaches of the judiciary that not only uphold the constitutional principle of equality and non-discrimination but also contribute to uplift the position of women in the society. The paper also indicates a static and conservative approach of the judiciary in few cases which could have been dealt with more positively. The paper suggests to develop a consistent and coherent pattern of judicial activism in order to make the Muslim family law pragmatic and effective. Keywords: Judicial activism, Family law, Progressive interpretation, Women's rights, Gender equality, jtihad. 1. Introduction The static and immutable doctrines of Muslim family law are facing constant challenges to keep the pace with society.1 The changing circumstances and social needs in relation to family matters interfered with the inevitable sacred laws. Therefore, harmonizing the traditional Islamic principles with the needs of progressive society became crucial.2 Here comes the tool of judicial activism, which contributes significantly to introducing new principles on different issues of Assistant Professor, Department of Law, University of Dhaka. Assistant Professor, Department of Law, University of Dhaka. Creative Commons Non Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is properly cited 1 Alamgir Muhammad Serajuddin, 'Judicial Activism and Family Law in Bangladesh' Professor Mahfuza Khanam and Barrister Shafique Ahmed Trust Fund Lecture delivered at the Asiatic Society of Bangladesh, 2009, Dhaka, Bangladesh. 2 Alamgir Muhammad Serajuddin, Shari 'a Law and Society: Tradition and Changes in South Asia, Oxford University Press (reprinted), 2001, First published by Asiatic Society of Bangladesh (1999). 12 & 338.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most