কোটা ইস্যুতে রোববার সুপ্রিম কোর্টে শুনানি, আশা করি সমাধান আসবে কারফিউয়ের সময়সীমা আরো বাড়ল কারফিউ প্রত্যাহার দাবি বিএনপির, আমির খসরু আটক কোটা আন্দোলনে কারফিউয়ের দিনেও ঢাকাতে ১০ জনের মৃত্যু বাংলাদেশের ছাত্রদের প্রতি সংহতি পশ্চিমবঙ্গে কোটা নিয়ে আপিল শুনানি রোববার চট্টগ্রাম ও রাজশাহী শহরের পরিস্থিতি নরসিংদীর কারাগারে হামলার পর পালিয়েছে আট শতাধিক আসামী শনিবার ঢাকায় কারফিউ-র যে চিত্র দেখা যাচ্ছে প্রধানমন্ত্রীর দুই বিদেশ সফর বাতিল বিএনপি নেতা নজরুল ইসলাম খান আটক সরকারের কাছে 'আট দফা দাবি' কোটা সংস্কার আন্দোলনকারীদের: ‘শাটডাউন’ কর্মসূচি চলবে নুরুল হক নুরকে আটক করা হয়েছে নাহিদ ইসলাম এখন কোথায়? হাইকোর্টের রায় বাতিল চাইবে রাষ্ট্রপক্ষ: অ্যাটর্নি জেনারেল শনিবার সহিংসতায় মৃত্যু হয়েছে আরো অন্তত সাত জনের কখন ফিরবে ইন্টারনেট সংযোগ - কেউ জানে না রোববার ও সোমবার সাধারণ ছুটি ঘোষণা কারফিউ দিনে ঢাকায় যে চিত্র দেখা গেছে সাতক্ষীরায় ছাত্রদল নেতার ইন্ধনে থানা ঘেরাওয়ের চেষ্টা!

A historical analysis on the legal system of Bangladesh

M.M.Nadim Afran ( Contributor )

প্রকাশের সময়: 08-07-2024 05:27:44 pm

Introduction:

The legal system of Bangladesh owes its root essentially to 200-year British run the appear inside the Indian Sub-continent in show disdain toward of the truth that a couple of components of it are remnants of pre-British period taking after back to Hindu and Mughal organization. “It passed through diverse stages and has been consistently made as a nonstop chronicled get ready. The strategy of headway has been not entirely intrinsic and not completely exterior and the legal system of the show day oozes from a ‘mixed’ system which have structure, authentic measures concepts modeled on both Indo-Mughal and English law.” The Indian sub-continent highlights a known history of over five hundred a long time with Hindu and Muslim periods which gone before the British period, and each of these early periods had an unmistakable lawful system of its have. For better understanding of the space of this headway it would be accommodating to partition the history into five periods- Hindu period, Muslim period, British period, Pakistan period and Bangladesh period.

Hindu Period: Ancient Judicial System

The legitimate framework of Bangladesh features a wealthy and complex history with its roots solidly established in antiquated times. Amid the Hindu period, which endured around 1,500 a long time some time recently and after the Christian period, the legitimate framework was not a codified code, but or maybe a energetic transaction of traditions, devout convictions, and community interest. This exposition dives into this captivating period and investigates how equity was managed in old Bangladesh.

A tapestry of tradition and religion:

Envision a society where laws are not written in stone but woven into way of life. . In ancient Bangladesh, social behavior and lawful standards were inferred from standard hones given down from era to era. These conventions, like undetectable strings, associated communities and made arrange. In expansion, devout writings such as the Manusmriti, the Hindu structure, given a system for moral behavior and debate determination. These compositions were not outright orders, but directing standards that educated human interaction and the determination of contrasts.

 Roots of ancient system:

•Standard Laws: The bedrock of the legal system wasn’t a formal code, but a collection of time-honored conventions that spoken to all points of view of standard of living. These unwritten rules wrapped marriage, bequest rights, property ownership, and battle determination.

Example: Bequest conventions might coordinate that arrive passes to the eldest child, though family things are divided among all children. Talk about developing from cloudy bequest conventions may well be brought a few time as of late the town panchayat for mediation based on built up practices.

•Religious effects: Hindu sincere works served as a moral compass, overseeing societal benchmarks and genuine benchmarks. The concept of dharma, wrapping commitment, model nature, and colossal law, entered the legal system. These compositions influenced disciplines for offenses and the commitments of particular social classes.

Example: The Manusmriti supported harsher disciplines for offenses committed by lower castes, reflecting the different leveled structure of society. In any case, the concept of dharma additionally emphasized social obligation and reasonable conduct, treating the cruelty of the caste system to a couple of degree.

•Village Panchayats: The organization of equity was decentralized. The town panchayat served as one of the nearby communities’ possess struggle determination frameworks. Legitimate older folks served as the individuals of these casual tribunals, or committees. For the reason of settling debate, they looked to the community’s convictions and standard rules, which energized neighborhood independence and association within the lawful framework. To discover a fair choice in a property debate between neighbors, for occurrence, a panchayat might referee the struggle by depending on long-standing conventions and communal agreement. Separating the challenged domain or compensating the hurt party are two conceivable arrangements. By dealing with infractions such as taking or unsettling influences in open, panchayats moreover contributed to the upkeep of social arrange.

•Oral Convention: The conservation and transmission of lawful thoughts were to a great extent subordinate on verbal convention within the nonappearance of a composed legitimate code. The town seniors took on the part of gatekeepers of this information, transmitting lawful hones and conventions through narrating and social occasions. The lawful framework was protected for future eras since to this verbal heritage.

•Decentralized Specialist: The antiquated lawful framework was decentralized, in differentiate to modern lawful frameworks with centralized courts. There was a few independence accessible to communities in terms of settling clashes and maintaining the law interior their possess borders. Panchayats and other town educate were fundamental in keeping the peace and making beyond any doubt that built up hones were taken after.

Crimes and Punishment:

Four methods of punishment were established in Hindu Period. They are

• Gentle admonition

• Severe reproof

• Fine

• Corporal punishment

Judge had to consider the motive and the nature of offence, time and place, strength, age, conduct and monetary position before punishing offender. But there were discrimination of cast even in the case of punishing the offenders.

 Limitations and an eye on the future:

Bangladesh’s outdated legitimate framework has disadvantages indeed on the off chance that it was novel at the time. The nonappearance of characterized rules driven to abnormalities within the administration of equity, which may have energized preference and self-assertive choices. In addition, the caste framework driven to aberrations within the legal framework in spite of being a recognizing viewpoint of society. Lower caste individuals regularly confronted more severe punishments or had less response to unbiased panchayat intercession. Regardless these disadvantages, the ancient lawful framework built up the basis for long haul improvement of the legitimate framework.

Regardless these downsides, the ancient lawful framework set up the foundation for long run improvement of the legitimate framework.A establishment for the organization of equity was provided by the accentuation on social arrange, devout beliefs, and community inclusion in debate settlement. Islam’s presentation of modern legitimate thoughts was taken after by the British Raj’s foundation of a more organized and codified legitimate framework. Picking up an understanding of this time empowers us to perceive the ways in which Bangladesh’s lawful framework has advanced generally, as well as the components that still characterize it nowadays.

Muslim Period: Judicial System in Medieval India

In 1100 A.D., Muslims of Turkey within the Indian subcontinent designed the primary thing amid this time. Two particular periods may be distinguished inside the Muslim period in India: the Mughal realm and the Sultanate of Delhi. Zahiruddin Babar’s seizure of Delhi in 1526 stamped the conclusion of the Delhi Sultanate. Babar founded the Mughal Empire and ruled over India till 1857. The modern-day Bangladeshi legitimate framework had a period of alter all through this period, especially with the coming of Muslim specialist within the Indian subcontinent. Examining the striking highlights of this framework, this exposition looks at how it influenced the legitimate environment that Bangladesh acquired.

The Sharia:

The main column of Islamic law is the Sharia. The Sharia, or Islamic true blue code, served as the establishment of the medieval Bangladeshi court system. The Sunnah, or lessons and sharpens of Prophet Muhammad, the Quran, and insightful interpretations (Ijma and Qiyas) were the sources of the Sharia, which secured each viewpoint of life. It secured benevolent value, criminal lawful system, family law, and everything important for the people.

•The way the Sharia Capacities: The objectives of the Sharia were to maintain social arrange, build up equity, and debilitate wrongdoing by endorsing specific punishments for diverse sorts of offenses. But it too put a solid accentuation on helpful equity, which licenses casualties to get remuneration in lieu of cruel discipline. For case, in cases of robbery, the culprit may be constrained to grant the casualty financial stipend or return the stolen things. This angle of Sharia law advanced neighborly strife determination and a sense of societal obligation.

The court structure of Sultanate System:

The preeminent specialist over the lawful framework had a place to the Sultan, the ruler of the Muslim state. He has the specialist to choose judges (Qadis) to direct over courts or to listen cases himself. A district-provincial-central hierarchy was as often as possible utilized within the •Court framework. Town headmen more often than not refereed nearby clashes by applying Sharia law in conjunction with traditions from the region.

•District Courts: In provincial ranges, little differences were settled by town headmen or designated authorities utilizing neighborhood traditions and set up hones, with the application of Sharia standards where required.

•Provincial Courts: Major offenses or more complicated cases would be sent to these governor-supervised common courts. Requests from subordinate courts may moreover be listened by these courts.

•Court of Central: The central court, which listened offers from common courts and cases specifically including the Sultan, was found within the capital of the Sultanate.

The influence of Jurists and Muftis:

Islamic scholastics were exceptionally vital to the lawful framework. The Sharia was translated and common legitimate direction was given by legal advisers, or Fuqaha. Lawful experts known as muftis gave fatwas, or lawful conclusions, based on their interpretation of Islamic law because it connected to certain circumstances.

The significance of fatwas: In arrange to settle a debate based on Sharia standards of commerce dealings and equity, vendors may inquire a mufti for a fatwa. Indeed in spite of the fact that these fatwas did not have legitimate constrain behind them, they had a huge affect and habitually affected court decisions.

Convenience of Local Traditions:

Legitimate traditions and pre-existing social structureswere not completely annihilated when Islamic law was forced. A crossover legitimate framework was made as a result of the Sharia framework’s visit settlement of territorial traditions. This alteration ensured a certain level of social endorsement and made it less demanding for Islamic thoughts to be joined into the preexisting social structure.

Impediments and Enduring Legacy:

Bangladesh’s medieval legitimate framework had downsides in spite of its preferences. Need of codified laws may result in one-sided choices and conflicting application. Besides, not everybody within the progressive structure may have break even with get to equity. But this system’s bequest is still exceptionally much in put. Bangladesh’s lawful framework is still affected by the Sharia’s accentuation on concepts like equity, reasonableness, and social arrange. A persevering bequest is the part that judges and lawful specialists play in translating the law and making beyond any doubt that it is connected accurately.

All things considered, it can be concluded that information of the Islamic Center Ages offers critical experiences into the past of the nation’s current lawful framework. A complicated and different framework was delivered by melding nearby traditions with Islamic law. In Bangladesh, the ways in which the law is caught on and connected still reflect the values of equity, decency, and the significance of lawful specialists.

British Period: Modernization of Ancient Indian Law

A Colonial Rebuilding

Bengal’s lawful framework was for the most part administered by the Sharia, or Islamic law, some time recently British occupation. But a modern legitimate framework was required when the British East India Company’s control developed within the 18th century. At to begin with, the company’s Indian subjects and representatives had their claim legal frameworks, which habitually combined English common law with pre-existing territorial standards. This three-tiered court framework was formalized.

•The Regulation Act 1773: The advertisement hoc legal structures were superseded by the locale Mofussil Adalats, the territory Sadar Adalats, and the Incomparable Court in Calcutta. The impact of Sharia in criminal equity and respectful issues quickly lessened as a result of these modern courts’ essential utilize of British common law.

•The rationale for change: The current lawful framework was seen by the British as being incoherent, conflicting, and inclined to debasement. They thought there would be more productivity, fair-mindedness, and arrange on the off chance that a centralized, codified framework based on English common law was forced. This alter was a reflection of the bigger colonial motivation to set up run the show and force British legitimate standards on its Indian belonging.

Codification: Streamlining the Legitimate Landscape

The codification of laws was a characterizing include of the British modernizing development. Lawful concepts were already for the most part dependent on point of reference and standard hones, which come about in ambiguities and inconsistencies. A number of broad codes were passed by the British, such as ‘the seminal Indian Penal Code (1860)’ and ‘the Code of Criminal Procedure (1898)’.The impacts of codification the codes gave the lawful framework a few consistency and consistency. There were a few who oppose this idea with this strategy, in spite of the fact that. Numerous fought that the codes habitually reflected social traditions and British legitimate concepts, in some cases disregarding parts of the body of standard law as of now in put and blocking the development of a lawful framework established in neighborhood conventions.

The presentation of modern legal Institutions

The British Raj made educate that still impact Bangladesh’s lawful framework nowadays in expansion to presenting modern legitimate standards

 The judiciary: The British foundations a court framework that’s orchestrated in a progressive mold, with the area and lower courts arranged underneath the Tall Court. This framework modified as necessary remains the establishment of the Bangladeshi legitimate framework.

 The Legal Profession: Common law thoughts are instructed to specialists and judges, presenting the thought of a controlled lawful calling. With a few adjustments, this framework is still in utilize nowadays.

The rule of law: The thought of the run the show of law which holds that everybody is subject to the law, counting the government was advanced by the British colonial organization. In spite of the fact that there are still difficulties, this is often still a column of the legal system of Bangladesh.

Conflicts and limit of Modernization

The foundation of a farther genuine system was in fact caused a few inconveniences, in any case its destinations. Common law, which was executed by the British, clashed with pre-existing legal traditions, especially in nation locales. Various felt separated from the Sharia since it held its social and dedicated congruity in show disdain toward of being put into the official legal system. Within the early 1900s, loyalist bunches pushed for a legal system that took into thought the money related and social substances of the subcontinent, challenging the colonial legal organize. The requirements for a legal system that combined perspectives of Islamic law and standard conventions was brought to light by these improvements.

Bequest and the Continuous Journey

The freedom of Bangladesh in 1971, the genuine system experienced a period of alteration. Though the basic structure procured from the British remained, endeavors were made to solidify components of Islamic law and standard sharpens. The Structure of Bangladesh articulated Islam as the state religion but emphasized secularism and the consistency of all citizens a few time as of late the law.

•The Challenge of Harmonization: changing the Impacts of British common law, Islamic law, and standard sharpens remains a challenge. Questions rise with regard to the degree to which the Sharia can be facilitates into the authentic system while keeping up common benchmarks and ensuring break indeed with rights for all citizens.

 At the end it can be said that, the common law framework was built up amid British dominance over the Indian subcontinent and served as the establishment for Bangladesh’s legitimate framework taking after its autonomy in 1971. The current legitimate framework and legitimate strategies, be that as it may, had solid ties to territorial traditions and Islamic religious philosophy, in this way the move was not smooth. There was instability and trouble in accommodating the restricting precepts of sharia and common law. A complex crossover legitimate framework exists in present day Bangladesh as a result of certain respectful and criminal laws following to the common law legacy, whereas other individual laws controlling regions such as marriage, legacy, and family issues proceed to be administered by sharia for Muslims.

Conclusion:

Bangladesh’s legal system may be an item of a long and energetic past. The legal systems of old India and Islam set up the establishment, but the British Raj forced a radical alter towards common law. Whereas advancement given structure and codified rules, it too may have underestimated Islamic values and territorial traditions. Islam’s presentation of modern legitimate thoughts was taken after by the British Raj’s foundation of a more organized and codified legitimate framework. Picking up an understanding of this time empowers us to perceive the ways in which Bangladesh’s lawful framework has advanced generally, as well as the components that still characterize it nowadays.

 I think that striking adjustments Bangladesh’s greatest trouble. In expansion to protecting the run the show of law and ensuring equity for all, the legitimate framework ought to regard the nation’s devout and social conventions. Possibly a combination of these impacts, adjusted to fit cutting edge necessities, can lead to Bangladesh’s advancement of a really agent and effective legal system.

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