Journal of the Asiatic Society of Bangladesh, Humanities
The older people need inclusive attention and care equally like any other segment of the populati... more The older people need inclusive attention and care equally like any other segment of the population. Like different regions of the world, many Asian countries have already started to pay attention in developing elderly support programs and legal framework. Bangladesh is far behind from many Asian countries in ensuring proper protection and minimum social security services for the senior citizens. At present, the traditional joint family structures have broken down and familial support to the older people have been reduced drastically. Due to absence of proper protective mechanism, millions of older people is living a miserable life within and outside the family. Moreover, community home-based care and residential care facilities has not developed yet in the country. Rather, the concept of old homes, caregivers and rehabilitation centers are getting popular as well. Accordingly, there is no regulatory framework or monitoring authority specifically for old homes and centers. Tradition...
Abstract Muslims have long a history of practicing Islamic law where Muslim communities are the m... more Abstract Muslims have long a history of practicing Islamic law where Muslim communities are the minority. In Thailand, past governments have positively included Islamic law as a legitimate source of personal law for Muslims in the southern regions. Consequently, Muslims are governed by two different sets of laws in Thailand, one is Islamic law and the other is the secular law. However, only Islamic law is applicable for Muslims especially in settling their matrimonial disputes and inheritance. Islamic family law has a long history and has been preserved for the betterment and benefits of Muslim citizens especially in the four Muslim provinces of Thailand. This study aims to describe the development of Islamic law through the different periods of governments in southern Thailand. The development of Islamic family law and the application of Islamic law along with its judicial aspects under the administration of Thailand will also be discusssed.
Reform of child justice system has started with enactment of the Children Act 2013 in Bangladesh.... more Reform of child justice system has started with enactment of the Children Act 2013 in Bangladesh. The Act adopted a number of institutional setup for child friendly justice i.e. child help desks in the police station, separate children’s court, child development centres, national child welfare board etc. These all are inter-linked and the responsibilities of concerned authorities have been focused in the law. In practice, most of the children are deprived from their fair justice in different phases i.e. police arrest, prosecution, court hearing and correctional treatment as there are lack of professional ethics of concerned personnel. Ethical approach, skill and knowledge of personnel are major challenges for treatment of offender children. Thus code of ethics are important for professionals to provide value-based justice for the best interest of the children. The study focuses on the legal and ethical responsibility towards child justice system in the country to protect child right...
The Turkish Online Journal of Distance Education, 2008
In Bangladesh, Formal legal education is provided by either a department of a university or an af... more In Bangladesh, Formal legal education is provided by either a department of a university or an affiliated college. There are four public universities and above twenty six private universities in our country with law as a regular subject of teaching. Besides, the National University imparts teaching of law through law colleges in the country. All public and private universities providing law graduate degree by conventional system but many people deprived from this opportunities. Thus to increase equitable access to education and to develop the human resources of the country the Bangladesh Open University playing significant role. Large numbers of students of rural areas, particularly women, out of school and adults who must do work to support their families are include with the university. Bangladesh Open University is the only institution in Bangladesh which imparts education in open and distance mode and offers 23 formal programmes, the demand for the introduction of LL.B programme...
In Malaysia, the law regarding polygamy is shrouded in complexities that cannot be simply address... more In Malaysia, the law regarding polygamy is shrouded in complexities that cannot be simply addressed with a sweeping ban or a complete socio-legal acceptance. These complexities reflect the equally complex ways in which the practice has developed in this country throughout various historical periods. This article conducts a historical review of polygamy in Malaysia to understand the ways in which the legal developments have specifically impacted the status of women. It will focus in particular, on three key historical periods: the precolonial, the British colonial, and post-independence Malaysia.
... Seminar paper of Proceedings of law commission final roundtable on, November 19, 2005. Saira ... more ... Seminar paper of Proceedings of law commission final roundtable on, November 19, 2005. Saira Rahman Khan. ... Ms. Nahid Ferdousi is an Assistant Professor of Law of School of Social Science, Humanities and Language, Bangladesh Open University (BOU), Bangladesh. ...
Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusi... more Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for...
The article attempts to critically compare juvenile justice practice in both jurisdictions of Ban... more The article attempts to critically compare juvenile justice practice in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bang... more The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
Journal of the Asiatic Society of Bangladesh, Humanities
The older people need inclusive attention and care equally like any other segment of the populati... more The older people need inclusive attention and care equally like any other segment of the population. Like different regions of the world, many Asian countries have already started to pay attention in developing elderly support programs and legal framework. Bangladesh is far behind from many Asian countries in ensuring proper protection and minimum social security services for the senior citizens. At present, the traditional joint family structures have broken down and familial support to the older people have been reduced drastically. Due to absence of proper protective mechanism, millions of older people is living a miserable life within and outside the family. Moreover, community home-based care and residential care facilities has not developed yet in the country. Rather, the concept of old homes, caregivers and rehabilitation centers are getting popular as well. Accordingly, there is no regulatory framework or monitoring authority specifically for old homes and centers. Tradition...
Abstract Muslims have long a history of practicing Islamic law where Muslim communities are the m... more Abstract Muslims have long a history of practicing Islamic law where Muslim communities are the minority. In Thailand, past governments have positively included Islamic law as a legitimate source of personal law for Muslims in the southern regions. Consequently, Muslims are governed by two different sets of laws in Thailand, one is Islamic law and the other is the secular law. However, only Islamic law is applicable for Muslims especially in settling their matrimonial disputes and inheritance. Islamic family law has a long history and has been preserved for the betterment and benefits of Muslim citizens especially in the four Muslim provinces of Thailand. This study aims to describe the development of Islamic law through the different periods of governments in southern Thailand. The development of Islamic family law and the application of Islamic law along with its judicial aspects under the administration of Thailand will also be discusssed.
Reform of child justice system has started with enactment of the Children Act 2013 in Bangladesh.... more Reform of child justice system has started with enactment of the Children Act 2013 in Bangladesh. The Act adopted a number of institutional setup for child friendly justice i.e. child help desks in the police station, separate children’s court, child development centres, national child welfare board etc. These all are inter-linked and the responsibilities of concerned authorities have been focused in the law. In practice, most of the children are deprived from their fair justice in different phases i.e. police arrest, prosecution, court hearing and correctional treatment as there are lack of professional ethics of concerned personnel. Ethical approach, skill and knowledge of personnel are major challenges for treatment of offender children. Thus code of ethics are important for professionals to provide value-based justice for the best interest of the children. The study focuses on the legal and ethical responsibility towards child justice system in the country to protect child right...
The Turkish Online Journal of Distance Education, 2008
In Bangladesh, Formal legal education is provided by either a department of a university or an af... more In Bangladesh, Formal legal education is provided by either a department of a university or an affiliated college. There are four public universities and above twenty six private universities in our country with law as a regular subject of teaching. Besides, the National University imparts teaching of law through law colleges in the country. All public and private universities providing law graduate degree by conventional system but many people deprived from this opportunities. Thus to increase equitable access to education and to develop the human resources of the country the Bangladesh Open University playing significant role. Large numbers of students of rural areas, particularly women, out of school and adults who must do work to support their families are include with the university. Bangladesh Open University is the only institution in Bangladesh which imparts education in open and distance mode and offers 23 formal programmes, the demand for the introduction of LL.B programme...
In Malaysia, the law regarding polygamy is shrouded in complexities that cannot be simply address... more In Malaysia, the law regarding polygamy is shrouded in complexities that cannot be simply addressed with a sweeping ban or a complete socio-legal acceptance. These complexities reflect the equally complex ways in which the practice has developed in this country throughout various historical periods. This article conducts a historical review of polygamy in Malaysia to understand the ways in which the legal developments have specifically impacted the status of women. It will focus in particular, on three key historical periods: the precolonial, the British colonial, and post-independence Malaysia.
... Seminar paper of Proceedings of law commission final roundtable on, November 19, 2005. Saira ... more ... Seminar paper of Proceedings of law commission final roundtable on, November 19, 2005. Saira Rahman Khan. ... Ms. Nahid Ferdousi is an Assistant Professor of Law of School of Social Science, Humanities and Language, Bangladesh Open University (BOU), Bangladesh. ...
Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusi... more Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for...
The article attempts to critically compare juvenile justice practice in both jurisdictions of Ban... more The article attempts to critically compare juvenile justice practice in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bang... more The article attempts to critically compare juvenile justice reforms in both jurisdictions of Bangladesh and Malaysia. It explores legal reforms in line with the international standards to ensure the effective juvenile justice system as well as child well-being in the respective legal systems. The juvenile justice practice of Bangladesh and Malaysia are a testament that diverse juvenile laws, norms and systems exist. After ratification of UNCRC, significant progress has been achieved in both countries. Malaysia adopted mechanisms for rehabilitation in terms of job-based education and alternatives measures by the Child Act 2001. Child-oriented justice and alternative measures have started with the commencement of Children Act 2013 in Bangladesh. For both countries, there is a need for establishing a child-friendly justice system, which would ensure sustainable juvenile justice.
Uploads
Papers by Nahid Ferdousi