The Roads passed and we found Bangladesh legal system

The legal system of Bangladesh is a reflection of the Introduction country's complex historical, cultural, political development and shaping the country's jurisprudence and legal framework. This assignment gives you a tour on following the evolution of Bangladesh's legal system from the ancient time to the British period. The majority of the current legal system in Bangladesh comes from the 200 years of British rule over the Indian Subcontinent. It through a number of phases and progressively grew into a continuous historical process The process of evolution has been partly indigenous and partly foreign and the legal system of the present day emanates from a 'mixed' system which have structure, legal principles and concepts modeled on both Indo-Mughal and English law.  The Indian sub-continent has a known history of over five hundred years with Hindu and Muslim periods which preceded the British period, and each of these early periods had a distinctive legal system of its own. For better understanding of the pace of this development it would be convenient to divide the history into five periods- Hindu period, Muslim period, British period, Pakistan period and Bangladesh period.  But in this assignment we are going to discuss only 1st 3 phases from Hindu period to British period.

                                           Hindu Period:

 The legal system was deeply ingrained in the social and religious structure of ancient India during the Hindu era. The legal history of Bangladesh during the Hindu era offers a fascinating historical viewpoint that offers a profound understanding of the traditional legal systems and governance structures that were in place in the area. Many centuries before Muslim control was established in the area, a particular form of legal order based on religious law, customary law, and socio-cultural stratification was developed. Manusmriti and Dharmashastra, two ancient treatises produced on the basis of regulations that every Hindu should abide by, reflected the essence of the Hindu legal system. These writings, which supported particular social roles and behaviors amongst individuals based on varna and ashrama, were founded on the ideas of Dharma.The Hindu period in ancient India saw the development of a sophisticated judicial system and judicial procedures. Courts were established under the guidance of the king, with judges known as Dharmadhikaris or Rajadhikaris administering justice based on dharma, or moral law. Disputes were resolved through evidence, witnesses, and legal arguments. * According to how serious the crime was, there were many types of penalties, such as fines, jail term, and perhaps even physical punishment. The system aimed for fairness and justice, reflecting the societal values of the time (Narayana, 1978). 

Within each of the separate countries that comprised ancient Bangladesh, the king served as the head of state. When it came to enforcing the law, the King was considered as the source of justice. 

He was granted total authority over the administration of justice in the area he controlled. During this period, the following were the main elements of the legal system:

1.The King’s Court

2.The Chief Justice’s Court

3.Special Tribunal

4.Town or District Court

5.Village Council

Crime and punishment in the Hindu ancient period were decided by the principles of dharma, or moral law, as well as local customs and traditions. The following are some notable points:

1. Concept of Dharma 

2. Types of Crimes

3. Punishments

4. Administration of Justice

5. Legal Procedures

6. Role of Witness

7. Restitution and Rehabilitation

                                             Muslim period:

 From a point of view of the Muslim era brought about a time of transition marked by Islamic jurisprudence to legal development and government. Following the establishment of Muslim authority in Bengal, Bangladesh, Sharia law was widely enforcedIn an outstanding essay on the administration of justice under the Mughal Emperors, Dr. Muhammad Munir summarized the history of Muslim emperors into a few paragraphs. He claims: "The Muslim state launched expeditions to parts of modern-day Sindh and Baluchistan in 15 A.H. Punjab was taken over by Shahabuddin Muhammad Ghori (1173–1202, thereafter referred to as Ghori), becoming a part of the Caliphate. In 1192 CE, the Muslim warrior Ghori captured Delhi. Qutbuddin of the Slave Dynasty established the Delhi Sultanate in 1206. Although Qutbuddin initially made Delhi his capital while serving as the Viceroy of his Royal master, Ghori, the Sultanate did not formally come into being until 1206, when the Viceroy succeeded his Royal Master as the first independent Sultan of Delhi.

The whole Muslim period in India may be divided into two sub-periods- the Sultanate of Delhi and the Mughal Empire.  Muhammad Ghor established the Muslim Sultanate of Delhi at the end of the twelfth century. This thirty-year era came to an end in 1526, having begun in 1206. On the contrary, the Delhi Sultanate came to an end with Zahiruddin Babar's obtain of Delhi in 1526. Babar established the Mughal Empire in India, which persisted until 1857.

The Sultanat: 

1.The legal system of the Sultanate was largely shaped by Islamic law, or Sharia, which provided the framework for the administration of justice.

2. Introducing the Qazis Islamic judges were designated to rule over Sharia courts and provide rulings by interpreting Islamic law.

3. Coexistence of Legal Systems: Although Islamic law prevailed, indigenous legal systems, such as customary law and Hindu law, persisted, especially when it came to personal law and local government.

4. Administrative Hierarchy: At various governmental levels, the Sultan and his designated representatives, such as Qazis and other officers, were in charge of performing the administration of justice.

5. Codification of Islamic Law: Islamic legal precepts have been compiled into legal writings, such as the Fatawa-i-Alamgiri, which serve as guidance for judges and other administrators handling Sharia-governed cases.

6. Legal Procedure: Qazis used Islamic jurisprudence to render decisions based on the presentation of evidence, inquiry of witnesses, and legal reasoning.

7. Appeal Process: For the purpose of analyzing decisions or seeking remedy in instances of injustice, appeals might be made to higher authorities, such as the Sultan or designated officials.

8. Qazis' Role: Qazis were essential in reading Sharia law, settling conflicts, and making sure that justice was administered in conformity with Islamic legal precepts.

Mughal Period: The legal system that merged Islamic law (Sharia) and customary law was specific to the Mughal era, which lasted from the early 16th to the mid-19th century. The emperors of the Mughal Empire built a centralized legal system in which qazis, or Islamic judges, supervised over courts and local administrators, referred to as zamindars, also had authority over the judiciary.Though it was not always successful, the judicial system's goals were to uphold social order and assure justice across the Mughal Empire.

The important courts functioning during this period were as follows:

1.Courts at Capital

2.Provincial Courts

3.District Courts

4.Parganah’s Court

5.Village Court

During the Mughal era, courts adhered to a rigorous legal process. Two Muslim codes, Figh-e-Firoz Shahi and Fatwai-i-Alamgiri, regulated the judicial procedure. The evidence you provided was separated into three groups:

 (a) Complete confirmations;

 (b) A person's evidence; 

 (c) Admissions that included admissions.

The British people who gradually took over to administer justice here always had an owl-look over the Muslim criminal law.  The lack of transparency, the potential of bias or corruption, the inconsistent enforcement of Sharia law, and the difficulty for marginalized groups getting legal counsel represent some of the primary grievances raised against the Muslim administration of justice. In addition, others contend that, by today's standards, the repercussions outlined in Sharia law may seem disproportionate or harsh.

                                           British Period:

A significant turning point in the nation's history and legal system happened during the British colonial era. It took the form of the colonial legal system and the application of English common law. Bengal was taken over by the British Empire throughout the battle of Plassey in 1757, which changed the existing legal, administrative, and political structures. The adoption of English common law as the main body of law was one of the significant changes that took place throughout the British era. English courts and laws were created by the British East India Company, which progressively imposed English legal norms on pre-existing principles. Despite the governmental systems that had previously prevailed in the region, judges from England heard cases and applied English laws. The modernisation of ancient Indian law took place in the hand of the British people who came in India as a trading company under a series of Royal Charters. 

The East India Company gradually strengthened its position of control and modernized the ancient Indian legal system in Bengal throughout the British era. The Supreme Court of Calcutta was founded in 1774 as the result of this change, which began with the issuance of royal charters. High Courts emerged as a consequence of additional modifications, and English Common Law took the role of the Islamic legal system in 1862. The judicial hierarchy was further established by the Civil Procedure Code of 1887 and the Code of Criminal Procedure of 1898, respectively. Difficulties with government interference and influence over the courts remained despite efforts to strengthen the judiciary. Nonetheless, the establishing of the High Court in 1862 gave rise to an autonomously system of justice.

Under Section 3 of the Civil Court Act 1887 created the following four classes of civil courts 

(1) The Court of the District Judge.

(2) The Court of the Additional Judge.

(3) The Court of the Subordinate Judge.

(4) The Court of Munsif.

Nevertheless, the following five kinds of criminal courts have been established by the Code of Criminal Procedure of 1898: 

(1) Session Courts. 

(2) Magistrates in the Presidium. 

(3) The First Class Magistrates. 

(4) The Second Class Magistrate. 

(5) Third Class Magistrate

When contrasting the present-day Hindu and Muslim periods with their different predecessors before it, we uncover significant modifications and distinctions in the system of justice, particularly in the areas of evidence, witness, punishment, and hearing processes. Throughout this time, harsh punishment techniques like stoning and trial by ordeal were abandoned. The Muslim Sariah laws and preceding Hindu customs had been substituted by the British rulers' establishment and enforcement of the British legal system. The legal system that regulates the people of the Indian subcontinent today was mainly handed over from this era.

In conclusion, Bangladesh's legal history underwent an important shift from traditional indigenous legal systems to current legal structures based on English Common Law throughout the British period. Colonization undermined indigenous belief systems and sovereignty structures in the area whilst establishing current legal procedures and organizations. Bangladesh's customs, legal processes, and modern legal institutions are all strongly affected by the British period.

                                                       Conclusion:

A tour through the legal history of Bangladesh shows the intricate connections among colonial impositions, indigenous customs, and religious influences. Each period of the past, from the dawn of time typified by customary legislation to the British colonial era typified by English common law, has significantly influenced Bangladesh's legal system. Upon considering that development, we get an important appreciation of the complexities and perseverance that have formed Bangladesh's legal personality and its everlasting contribution to current legal procedures. The legal system of the Indian subcontinent, which includes Bangladesh this morning, was profoundly and permanently affected by British colonial rule. Bangladesh, a former British colony, maintains the Common Law System, because it has originated in England and was developed during the period in question. The statutory structure of Bangladesh continues to be informed by the ideas of parliamentary democracy, the rule of law, and judicial independence the fact that had been introduced by the British legal system. Bangladesh's legal institutions are significantly formed through the legacy of British colonial rule, demonstrating the long-lasting impact of events in history on the nation's legal arrangement.