অনুসন্ধান করুন

Map of Justice is a small legal initiative undertaken by a few fresh law graduates to spread socio-legal awareness of various issues, particularly those which are seldom talked about in Bangladesh. This initiative centers around conducting research-based advocacy rooted in dialogues with experts. About Us Our Goal, Vision & Commitment Our Events Register & Help Make Change Get Involved Volunteer, Participate, or Collaborate Upcoming Events TBA ECONOMIC EMPOWERMENT OF MUSLIM WOMEN: THE ROLE OF MAHR, INHERITANCE & MAINTENANCE (PART-II) View More TBA Adda: The House of Thinkers The Idea of Freedom of Speech and Expression View More ACTIVITIES All Videos All Categories Play Video Play Video 00:51 Constitution and Enforcement of Fundamental Rights - Thoughts of Sharowat Shamin Let’s listen to Sharowat Shamin’s thoughts on ‘Constitution and Enforcement of Fundamental Rights.' Sharowat Shamin is currently a Doctoral Student at SOAS University of London. She is also an Assistant Professor of Law, University of Dhaka. To know more about the campaign on “Fifty Years of the Constitution of Bangladesh in 50 Seconds” stay tuned with Map of Justice. #50Years_৫০বছর #BangladeshConstitution_বাংলাদেশসংবিধান #50Seconds_৫০সেকেন্ড #MapofJustice_ম্যাপঅফজাস্টিস Follow us on our Social Media Platforms Facebook - https://www.facebook.com/MapOfJustice Instagram - https://www.instagram.com/map_of_justice Linkedin - https://www.linkedin.com/company/map-of-justice Play Video Play Video 00:51 The preamble of Bangladesh Constitution Part 2 বাংলাদেশের সংবিধানের প্রস্তাবনা [পর্ব -২] অনুচ্ছেদ ৪: বাংলাদেশের নাগরিকদের সাংবিধানিক দায়িত্ব এই সংবিধানের সুরক্ষা, সমর্থন ও নিরাপত্তাবিধান এবং এর প্রাধান্য অক্ষুণ্ণ রাখা আমাদের(সাধারণ নাগরিক এবং রাষ্ট্রের প্রতিটি অঙ্গ এর) পবিত্র দায়িত্ব, যাতে আমরা স্বাধীন সত্তায় সমৃদ্ধি লাভ করতে পারি এবং আন্তর্জাতিক শান্তিতে আমাদের পূর্ণ অবদান রাখতে পারি, এবং মানবজাতির প্রগতিশীল আকাঙ্ক্ষার সঙ্গে সঙ্গতি রেখে সহযোগিতা করতে পারি বাংলাদেশের জনগণের অভিপ্রায়ের অভিব্যক্তিসরূপ। শেষ অনুচ্ছেদ : আইন গ্রহণ গণপরিষদ ৪ নভেম্বর ১৯৭২ সালে রচনা এবং বিধিবদ্ধ করে সমবেতভাবে সংবিধান গ্রহণ করে (বাংলা সালঃ ১৩৭৯ বঙ্গাব্দের কার্তিক মাসের ১৮ তারিখ)। বাংলাদেশের সংবিধান কার্যকর হয় ১৬ ডিসেম্বর ১৯৭২ সালে। সংবিধান প্রণয়নের পর থেকে বাংলাদেশ প্রতি বছর ‘৪ নভেম্বরকে’ সংবিধান দিবস হিসেবে পালন করে। #50Years_৫০বছর #BangladeshConstitution_বাংলাদেশসংবিধান #50Seconds_৫০সেকেন্ড #mapofjustice_ম্যাপঅফজাস্টিস Play Video Play Video 00:51 The preamble of Bangladesh Constitution Part 1 বাংলাদেশের সংবিধানের প্রস্তাবনা [পর্ব -১] অনুচ্ছেদ ১: বাংলাদেশের সৃষ্টি ২৬ শে মার্চ ১৯৭১ সালে আমাদের স্বাধীনতার ঘোষণা দিয়ে এবং জাতীয় মুক্তির জন্য ঐতিহাসিক সংগ্রামের মধ্য দিয়ে স্বাধীন, সার্বভৌম গণপ্রজাতন্ত্রী বাংলাদেশ প্রতিষ্ঠা করা হয়। অনুচ্ছেদ ২: সংবিধানের মূলনীতি জাতীয়তাবাদ, সমাজতন্ত্র, গণতন্ত্র, এবং ধর্মনিরপেক্ষতার গুণাবলী হবে সংবিধানের শাসন নীতি। অনুচ্ছেদ ৩: বাংলাদেশের মৌলিক লক্ষ্য শোষণমুক্ত সমাজতান্ত্রিক সমাজ প্রতিষ্ঠা করা, যেখানে গণতান্ত্রিক প্রক্রিয়ার মাধ্যমে আইনের শাসন, মৌলিক মানবাধিকার এবং স্বাধীনতা, সমতা ও ন্যায়বিচার সকল নাগরিকের জন্য রাজনৈতিক, অর্থনৈতিক ও সামাজিক ক্ষেত্রে সুরক্ষিত থাকবে। আমাদের, বাংলাদেশের জনগণকে মনে রাখতে হবে যে, রাষ্ট্রের প্রতিটি অঙ্গ এবং একই সাথে বাংলাদেশের নাগরিকদের একসাথে কাজ করতে হবে এরূপ বাংলাদেশ প্রতিষ্ঠার জন্য। #50Years_৫০বছর #BangladeshConstitution_বাংলাদেশসংবিধান #50Seconds_৫০সেকেন্ড #MapofJustice_ম্যাপঅফজাস্টিস Play Video Play Video 02:08:30 গণ-উপদ্রব: সমাধানসমূহ | PUBLIC NUISANCE: THE SOLUTIONS The issue of public nuisance is often overlooked and neglected, even though the various activities that constitute public nuisance are manifold, and even though they directly harm or endanger the collective health, enjoyment, and safety of the public. The various aspects of public nuisance need to be addressed in our country, without which the general well-being of the public cannot be ensured. Additionally, addressing and eradicating the widespread environmental nuisance that plagues our country is required to ensure the people's right to dignity and healthy life. Most importantly, these issues are not only essential for the present generation, but we are also duty-bound to think about future generations, who may suffer greater consequences for the present and ongoing violations in regards to public nuisance - unless we do something about it now! Previously on 10 July 2021, Map of Justice held its first event on ‘Public Nuisance: The Problem’ exploring the problems related to public nuisance and discussed how addressing these issues can be a great way to provide the general public a greater detailed understanding of their rights, and how addressing public nuisance will significantly improve the well-being of society at large. On 14 September 2021, Map of Justice arranged the virtual discussion exploring and discussing further the possible solutions to the loopholes that currently exist in our legal system to deal with the issues of Public Nuisance. Map of Justice envisions that such a discussion will assist in the development its advocacy initiatives and action points for the future

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. CAMPAIGNS AACL AAGBV Constitution Environment Environmental Campaigns View More Action Against Gender-Based Violence View More 50 Years of the Constitution in 50 Seconds View More The preamble of Bangladesh Constitution Part 1 Play Video The preamble of Bangladesh Constitution Part 2 Play Video Constitution and Enforcement of Fundamental Rights - Thoughts of Sharowat Shamin Play Video Watch Now Share Whole Channel This Video Facebook Twitter Pinterest Tumblr Copy Link Link Copied Share Channel Info Close Action Against Child Labour View More

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. WHO WE ARE Map of Justice is a Youth-Led initiative to spread socio-legal knowledge of many themes centred on Equity, Human Dignity, and Justice, particularly those that are seldom discussed in Bangladesh. The primary focus of this effort is to conduct research-based advocacy through conversations with experts, researchers, and relevant stakeholders. WHAT WE DO The Focus of Our Effort Research Advocacy Raise Awareness OUR VALUES Honesty Commitment Loyalty Solidarity Spirit Compassion Respect for all Equity for equality OUR MISSION & VISION To create a just and humane society through the involvement of activists of all strata of civil society, raise awareness, commission research and advocate for equity, human dignity, and justice.

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. টিম মোজের সাথে দেখা করুন নির্বাহী সংস্থা তোহিনুর ইসলাম নির্বাহী পরিচালক ও প্রতিষ্ঠাতা মিসেস ইসলাম একজন স্বাধীন আইন গবেষক। তিনি বাংলাদেশ ইউনিভার্সিটি অফ প্রফেশনালস (বিইউপি) থেকে এলএলএম এবং ব্র্যাক বিশ্ববিদ্যালয় থেকে এলএলবি (অনার্স) সম্পন্ন করেছেন। আন্তর্জাতিক অর্থনৈতিক আইন, আন্তর্জাতিক আইন, অপরাধতত্ত্ব ও ফৌজদারি বিচার, তুলনামূলক সংবিধান আইন, আন্তর্জাতিক পরিবেশ আইন, পারিবারিক আইন, আইনি তত্ত্ব, ইতিহাস ও ন্যায়বিচারের উপর তার গবেষণার আগ্রহ রয়েছে। মাইমুনা সৈয়দ আহমেদ প্রতিষ্ঠাতা মিস আহমেদ একজন চেভেনিং স্কলার এবং বর্তমানে বাংলাদেশের ইন্ডিপেন্ডেন্ট ইউনিভার্সিটিতে লেকচারার হিসেবে কর্মরত। তিনি লন্ডন স্কুল অফ ইকোনমিক্স অ্যান্ড পলিটিক্যাল সায়েন্স থেকে মানবাধিকার বিষয়ে এমএসসি ডিগ্রি অর্জন করেছেন। তিনি বাংলাদেশ ইউনিভার্সিটি অফ প্রফেশনালস থেকে এলএলএম এবং ব্র্যাক বিশ্ববিদ্যালয় থেকে এলএলবি (অনার্স) ডিগ্রি অর্জন করেছেন। তার আগ্রহের মূল বিষয়গুলির মধ্যে রয়েছে মানবাধিকার, অপরাধবিদ্যা ও ফৌজদারি বিচার, জাতীয় ও ডিজিটাল নিরাপত্তা, আন্তর্জাতিক আইন ও সম্পর্ক এবং তুলনামূলক সাংবিধানিক আইন। শাহরিয়ার ইয়াসিন খান নির্বাহী সম্পাদক মিঃ খান একজন ব্যারিস্টার-অ্যাট-ল, যিনি দ্য অনারেবল সোসাইটি অফ লিংকন'স ইন-এর বারে ডাক পেয়েছেন। তিনি ইংল্যান্ড, বাংলাদেশ, নেদারল্যান্ডস এবং কম্বোডিয়ায় বিভিন্ন আইনি ভূমিকায় অনুশীলন করেছেন। তিনি আন্তর্জাতিক অপরাধ আদালত এবং কম্বোডিয়ার আদালতের এক্সট্রাঅর্ডিনারি চেম্বার উভয়ের লিঙ্কন'স ইন স্কলার ছিলেন, যেখানে তিনি যথাক্রমে প্রসিকিউশন ট্রায়াল এবং আপিল দলে কাজ করেছিলেন। আলী মাশরাফ নির্বাহী সদস্য আলী মাশরাফ বর্তমানে ইস্ট ওয়েস্ট ইউনিভার্সিটিতে প্রভাষক হিসেবে কর্মরত। তিনি ঢাকা বিশ্ববিদ্যালয়ের আইন বিভাগ থেকে আন্তর্জাতিক আইনে বিশেষজ্ঞতা এবং বিকল্প বিরোধ নিষ্পত্তির উপর থিসিস সহ এলএলবি অনার্স এবং এলএলএম ডিগ্রি অর্জন করেছেন। তিনি ইস্ট ওয়েস্ট ইউনিভার্সিটির আইন ক্লিনিক প্রোগ্রামের সমন্বয়কারী। তার গবেষণার আগ্রহের মধ্যে রয়েছে সাংবিধানিক আইন, মানবাধিকার আইন, বিকল্প বিরোধ নিষ্পত্তি। আমাদের ইন্টার্ন আমাদের দক্ষতা এবং নির্দেশনা। তাদের নিষ্ঠা। ম্যাপ অফ জাস্টিসে ইন্টার্নশিপের সুযোগ শিক্ষার্থীদের বহুমুখী পদ্ধতির মাধ্যমে গবেষণা এবং অ্যাডভোকেসিতে মূল্যবান অভিজ্ঞতা অর্জন করতে সাহায্য করে। Research Intern আবদুল্লাহ আল আহাদ ছাত্র আইনে স্নাতক (এলএল.বি. (সম্মান)) আইন ও বিচার বিভাগ জগন্নাথ বিশ্ববিদ্যালয় গবেষণা ইন্টার্ন নওশিন শিরমিলি ছাত্র আইনে স্নাতকোত্তর (এলএল.এম.) আইন ও বিচার বিভাগ জাহাঙ্গীরনগর বিশ্ববিদ্যালয় Research Intern জারিন সুফিয়া ইকবাল ছাত্র আইনে স্নাতক (এলএল.বি. (সম্মান)) উদার শিল্প ও সামাজিক বিজ্ঞান অনুষদ, আইন বিভাগ ইস্ট ওয়েস্ট ইউনিভার্সিটি Editorial Intern তাহামিনা ইসলাম ছাত্র আইনে স্নাতক (এলএল.বি. (সম্মান)) কলা ও সামাজিক বিজ্ঞান অনুষদ, আইন বিভাগ আমেরিকান ইন্টারন্যাশনাল ইউনিভার্সিটি-বাংলাদেশ (AIUB) Editorial Intern ইসমেতা আজিম Student Bachelor of Laws (LL.B. (Hons.)) Department of Law University of Chittagong অ্যাডভোকেসি ইন্টার্ন রোদেলা প্রতী ছাত্র আইনে স্নাতক (এলএল.বি. (সম্মান)) আইন স্কুল ব্র্যাক বিশ্ববিদ্যালয় Advocacy Intern Md Jihad Ali ছাত্র আইনে স্নাতক (এলএল.বি. (সম্মান)) আইন বিভাগ চট্টগ্রাম বিশ্ববিদ্যালয় অ্যাডভোকেসি ইন্টার্ন তাসফিয়া নিশাত ছাত্র নৃবিজ্ঞানে সামাজিক বিজ্ঞান স্নাতক (বিএসএস) (সম্মান) নৃবিজ্ঞান বিভাগ ঢাকা বিশ্ববিদ্যালয়

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. KANOON JANUN What is meant by stipulation in a Muslim Marriage? Muslim marriage is considered as a contract whereas parties can insert stipulation according to sharia, in order to run the marriage successfully. It is called marriage stipulation. What is the purpose of inserting stipulations in a Marriage Deed? The purpose of insertion of stipulation in marriage is to bring a balance in marriage through determining the rights, duties and responsibilities of the spouses. Where can the stipulation be inserted in the Marriage Deed? Clause 17 of the Kabinnama (Marriage Deed) states, "If there are special conditions" under this clause 17, conditions can be inserted. Can both parties add stipulations in marriage? Yes, both parties of marriage have the right to add any stipulation in the marriage contract through negotiation. Can anything be inserted as stipulation in marriage contract? Yes, anything can be inserted as stipulation, unless that condition is contrary to either Shari'ah and relevant laws. What is the common stipulation accepted by all madhabs? A stipulation delegating the power of talaq to wife is the generally accepted stipulation of marriage by all madhabs. How many types of marriage stipulations are there, depending on the content terms? As per the content, they may be of two types of stipulations/terms. Such as (i) Stipulations that reinforce the normal incidents of marriage and (ii) Stipulations that vary the normal incidents of marriage. What are the types of marriage stipulations that are based on legal validity? Based on the legal validity of a marriage, they are three types of stipulations. They are valid, void and invalidating stipulation. What is the meaning of valid stipulation? Valid stipulations are those which reinforce sharia obligations or not violating the sharia and laws. What will be considered as void stipulation? Terms of marriage which are contrary to Shariah are considered as void conditions. For example, the condition of non-payment of mohrana will be considered as void condition. What effect does an invalid stipulation have on a marriage? An invalid stipulation/term/condition has a negative effect on the marriage because it is itself an invalid condition that has the power to end the marriage. For example, the terms relating to the duration of the marriage will be considered void, and the marriage contract will be annulled as a result. How can a wife insert stipulation regarding dower? A wife can insert stipulation regarding dower in Kabinnama by including the mode of payment of dower and the time for payment of deferred dower. Can parties of marriage put stipulations regarding the matrimonial property regime? Parties of marriage can put stipulations regarding property regime by mentioning the controlling power and distribution of such matrimonial property regime. What is meant by marital property regime? Married couples can choose the way they will own their assets together. This applies to assets owned at the time of marriage and those acquired at a later date. This is known as a matrimonial property regime and will impact the way the property will be dealt with upon the death of one of the spouses or following divorce. Can a wife insert stipulation regarding polygamy of the husband? Yes, the wife may insert a stipulation which may restrict the power of polygamy of the husband. What are some of the common examples of stipulations or terms that can be inserted in a marriage contract? Stipulation regarding rights and obligation of parties of marriage; Stipulation regarding work and opportunities; Stipulation regarding study and opportunities; Stipulation regarding divorce; Stipulation regarding compensation on divorce; Stipulation regarding non-abusive treatment, etc. What is meant by maintenance in a Muslim marriage? Under Muslim family law, it is the husband's responsibility to provide maintenance to his wife after marriage and the wife's right to receive it; it is the duty of a husband towards his wife. What does basic maintenance include? 1. Food 2. Clothing 3. Accommodation/shelter 4. Medical / Health care And all other basic needs and necessities that are essential for a person to live a reasonable standard of living. What is the husband's obligation regarding the provision of maintenance to the wife under Muslim Family Law? Under Muslim family law, a husband is legally obliged to provide for his wife. This obligation (of husband) / right (of wife) has nothing to do with the financial well-being of the husband. Even if the husband is poor, the wife's right to maintenance cannot be denied. Does the husband have any obligation to provide for a separate residence for the wife? Yes. However, if the husband is unable to provide a separate residence for the wife, and she has to reside in a portion of the house instead of a separate house, then that portion of the house must have independent/separate entrance and exit. When can a wife be deprived of maintenance? In order to enjoy the right to maintenance, the wife has to obey her husband. According to the law, in some cases the wives will not be entitled to maintenance by the husband. For instance: 1. If the wife refuses to live with the husband; 2. If the wife is not loyal to the husband; 3. If the wife is an adulteress; 4. If the first wife opts to live separately because the husband chooses to take a 2nd, 3rd or 4th wife; or 5. If the husband dies, then the ‘iddah’ period following his death. Is the husband obliged to provide for the wife who lives apart from him? Wives who live apart from their husbands without a valid reason are not usually entitled to maintenance. In what cases can a wife get maintenance from her husband even if she lives separately? In the following cases, even if the wife lives separately from the husband, she can get maintenance If the wife is forced to leave the house and live elsewhere due to the cruelty or oppression of the husband; The husband neglects the wife and refuses to take her home; If the husband unethically keeps the illegitimate lover / mistress at home; If the husband stays away from the wife for a long time; If the husband does not pay the prompt dower; If the wife is due to exercise her legal rights; If there is an agreement between the husband and wife that they disagree, they will live separately; or If the husband is married more than once, then at the time of the second marriage, if he entered into an agreement with the 1st wife to the effect that if the 1st wife did not get along with the 2nd wife, the 1st wife will live separately; in which case the husband is obliged to provide maintenance to the 1st wife. (Even in the case of 2nd, 3rd, and 4th marriages, if the above term is agreed upon, the husband shall be obliged to pay maintenance even if each wife lives separately). How does one determine the amount of maintenance? The amount of maintenance can be determined based on husband's economic condition and wife’s social condition, while also maintaining an ‘equitable standard’. Does the financial independence of wives impacts upon husband's obligation to provide maintenance? No matter how rich or financially well-off a wife may be; even if the wife has the ability to meet her own needs, the husband is obliged to provide for her. When is the husband obliged to pay maintenance to his wife? During the continuation of the marriage, a husband is obliged to provide for his wife. Can a wife ask for a divorce because she has not paid maintenance? Wife can seek divorce: • If husband fails to pay maintenance for 2 years, or • neglects to pay maintenance for 2 years, according to Muslim Family Law in Bangladesh. Is the wife entitled to any kind of maintenance after divorce, and if so for how long? The husband is bound to pay maintenance during the "iddah" period (3 menstrual cycles) following divorce. If a pregnant woman is divorced, for how long is she entitled to maintenance beyond the iddah period? The duration of Iddah on divorce in case of pregnant women is till the delivery of the child. The former husband’s liability extends only up to the period of iddah, not beyond that. Can a wife claim maintenance for the past? Yes. The wife can recover any unpaid maintenance from the husband as 'past maintenance'. According to the case, Jamila Khatun vs Rustom Ali, the High Court held that they have the jurisdiction to grant such (past) maintenance subject to considerations of time of limitation and the relevant circumstances of each case. How is the wife's legal right to maintenance recognised in Bangladesh? If a husband has not paid maintenance to his wife without a valid reason, the wife has the right to file a suit under the Family Court Ordinance 1985, which is a civil remedy. The wife can apply to the local Chairman for her maintenance under Rule-9 of the Muslim Family Law Ordinance, 1961. The Chairman will then form an arbitral tribunal for this purpose and issue a certificate determining the amount of money to be paid by the husband. The spouse may apply for revision of the issued certificate in the prescribed manner, by depositing the prescribed fee within the prescribed time and in this case the decision of the concerned Assistant Judge will be considered to be final and its validity cannot be questioned in any Court. What are the father's obligations to provide maintenance for the children? The father is legally obliged to provide for the children until the sons become adults and the girls are married off. And if the son of major age is sick or incapacitated, then the father is obliged to provide for him still. What is the nature of Dower/Mahr? Dower is the personal right of the wife. She herself is the sole owner of the property/money given as dower, over which No one else has any legal right over it. “And give to the women (whom you marry) their mahr as a gift with a good heart…” [al-Nisaa, Verse 4] When is the wife's right to claim dower established? The wife's right to claim dower is fully established immediately after the completion of marriage. Is dower payable even if no mention of dower is made in the deed of marriage? Yes, even if the deed of marriage does not mention dower, it is payable. The dower is a Shariah obligation upon husband and such obligation in a regular (valid) marriage is implicit regardless of the agreement between the husband and wife. Is dower payable even if the parties to the marriage did not orally agree at the time of marriage? Yes. If there is no verbal mention of the amount of dower to be paid at the time of marriage, then the amount to be paid shall be considered as proper dower. [When the amount of the dower is not fixed, then the amount that is to be paid is termed as proper dower] Can wife’s right to have dower be barred by lapse of time? Dower is an imprescriptible right of the wife which cannot be barred by mere lapse of time alone. When must the dower money be paid? According to the Holy Qur’an, the entire amount of dower has to be paid prior to the consummation of marriage. [Surah: An-Nisa, Verse: 4]. How many types of dower are there based on the nature of dower? There are two types of dower: Fixed – amount of dower is fixed by the parties of marriage. Proper – amount of dower is not fixed by the parties of marriage. Regarding Proper dower, the amount is settled by taking into consideration the following factors: (1) Wife’s personal qualifications; such as her age, beauty, virtue, fortune, etc.; (2) Social position of the wife’s father’s family; (3) Dower given to the wife’s female paternal relations; (4) Economic conditions of the husband. How many parts of dower are there, depending on the time of payment? Depending on the time of payment of the Dower, it may have two parts: Prompt dower: payable at once after the solemnisation of marriage on the demand of the wife; Deferred dower: payable on the dissolution of marriage, either by death of husband or divorce between the spouses. It is not mandatory to have these parts of dower, however, it is generally assumed that there are these two parts. The full dower amount can also be considered as proper dower by mutual consent of the parties to the marriage. When is the wife entitled to full dower? On the consummation of marriage; When the married couple truly secludes themselves in a private place; On the death of either spouse after a valid marriage, whether consummated or not; Staying one year in the house of the husband; When divorce is pronounced on one’s deathbed, before consummation of the marriage in order to keep the wife away from inheriting. When is the wife entitled to only half dower? When the dower was fixed, and then divorce takes place before consummation/true seclusion, the wife is entitled to half her dower. When is the wife entitled to no dower? When the marriage is dissolved by Khul’ divorce (where the wife deliberately waives her dower as the compensation to her husband). Can dower be waived? If the wife want, dower can be waived. However, it must be ensured that the decision to waive the dower was taken voluntarily and spontaneously with her full consent. What happens if the wife, after waiving the dower money, later demands it back? Umar (RA), the second caliph of Islam decreed that if a wife remits the whole or part of her dower, and later on demands it, the husband shall be compelled to pay it because the very fact that she demands it is clear proof that she did not remit it of her free will. What are the consequence of non-payment of dower, as rights of the wife? The wife may refuse to reside with her husband The wife may refuse consummation and the husband cannot compel her. The wife is entitled to receive maintenance if she resides separately on the ground of non-payment of dower. The wife can recover the dower by instituting a suit against the husband. Dower is considered as a debt. In the case the husband dies keeping dower unpaid, The widow can enforce her claim for the dower debt by filing a lawsuit against the husband’s heirs; she is entitled to have the debt settled, along with other creditors, out of his estate, The widow has a right to retain possession of her husband’s property in lieu of unpaid dower, until the amount of her dower is settled. What are the basic elements of a Muslim marriage? 1. Offer; 2. Acceptance; & 3. Presence of witnesses. How an offer and acceptance can be made in a Muslim marriage? The proposal and acceptance of a Muslim marriage should be made in a clear manner and in this case the independent consent of both the parties is essential. It should be remembered that without independent consent, a Muslim marriage is not valid. Why is it necessary to have witnessed in a Muslim marriage? It is an essential condition for the validity of a marriage. Secret marriages without witnesses are unconditionally forbidden in Islam because they are like adultery. Narrated from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman. He said, "This is a secret marriage and I do not permit it." [Muwatta Malik, Book no 28, Hadith 1120] What are the statutory requirements for marriage in Bangladesh? 1. Consent: Both parties must have clear consent; 2. Competence: Both parties must be of "Sound" mind and must be "capable" to marry according to Muslim family law; 3. Age of marriage: 21 years for men and 18 years for women. [Section, 2(3), Child Marriage Restraint Act, 2017] 4. Marriage registration: Marriage solemnized under Muslim law shall be registered. [Section 3, Muslim Marriages and Divorces (Registration) Act 1974] Does non-registration invalid a Muslim marriage? No! The Muslim marriage registration is a statutory obligation, violation of which is a punishable offence. Can parents compel their children to marry? NO! Parents cannot force their son/daughter to marry someone whom they do not want to marry, as the Prophet Muhammad (PBUH) said: “A woman who has been married before should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.” [Sahih al-Bukhari 5136] Who is responsible for registering a Muslim marriage? The marriage registrar will register the marriage at once, where he performs the marriage formalities himself. In other cases, the bridegroom shall report it to the concerned Nikah Registrar within thirty days from the date of the Marriage, and the Nikah Registrar shall register the marriage at once. What is the punishment for not registering a Muslim marriage? Non-registration of a Muslim marriage is a punishable offence. In this case, the person responsible will be sentenced to two years general imprisonment or fine up to three thousand taka or both. [The Muslim Marriages and Divorces (Registration) Act, 1974, section 5] What are the legal effects of mutual rights and obligations of husband and wife? Sexual rights; Legitimacy of children; Marital fidelity and trustworthiness; Right to inheritance; No merge of personality; Other matrimonial conditions. What are the legal rights of the husband and the duties of the wife that arise in consequence of a Muslim marriage? The legal rights of the husband are: To control wife's movement; To seek the restitution of conjugal rights; The duties of the wife are: To be obedient towards husband; To live and stay with husband; To accompany the husband on travel {However, the wife may refuse to accompany him on legal and reasonable grounds}. What are the legal rights of the wife and the duties of the husband that arise in consequence of a Muslim marriage? The legal rights of the wife are: To visit her own parents; To receive dower and maintenance; To seek the restitution of conjugal rights; The duties of the husband are: To provide adequate housing within affordable means; To fulfil the financial obligations {This includes food, water, clothing and other basic needs} What are the mutual Rights and Obligations of husband and wife? Sexual Rights: Sexual right is not a unilateral right of the husband; rather a mutual right. Legitimacy of Children: Any child born during a valid marriage is a legitimate child. This is an important issue in Muslim Family Law. Marital fidelity and trustworthiness: It is the duty of both husband and wife to maintain marital fidelity, and they both should not do anything that goes against marital trustworthiness. Right to inheritance: During the continuance of marriage, if either of the husband or wife dies, then the other acquires the right to get property by inheritance. No merge of personality: In Muslim law, both husband and wife maintain an individual full legal personality even after the marriage. Other matrimonial conditions: The terms inserted in the marriage deed by the party at the time of marriage will be binding on them. (e.g., If it is inserted in the contract of marriage that the husband would allow the wife to pursue her higher studies after the marriage, then the husband cannot bind the wife to do the contrary.) Rights of the Husband and the Duties of the Wife Obedience of the wife: The wife must be obedient to the husband. On the point of the degree of obedience, classical and modern jurists have different opinion. Living with the husband: It is a legal obligation of a wife to live with her husband. The wife may only deny residing with her husband if he has not paid a prompt dower on her demand. Power to control wife’s movement: The husband has the right to control his wife's movements. Therefore, the wife has to get permission from her husband to go outside. Wife's responsibilities regarding household chores: A wife does not have any legal obligation to do household activities. However, the work distribution in a family is in fact a matter of mutual understanding between husband and wife. Rights of the Wife and the Duties of the Husband Financial obligation: The husband is obliged to bear all the financial responsibilities of the marriage unilaterally. The husband is responsible for providing his wife with dowry, maintenance, food, shelter and other relevant assistance. Visiting wife’s parents: The husband is bound to allow his wife to visit her parents at reasonable intervals. A wife can go to her parents, even if it's disregard the husband’s restriction to go there. What is meant by stipulation in a Muslim Marriage? Muslim marriage is considered as a contract whereas parties can insert stipulation according to sharia, in order to run the marriage successfully. It is called marriage stipulation. What is the purpose of inserting stipulations in a Marriage Deed? The purpose of insertion of stipulation in marriage is to bring a balance in marriage through determining the rights, duties and responsibilities of the spouses. Where can the stipulation be inserted in the Marriage Deed? Clause 17 of the Kabinnama (Marriage Deed) states, "If there are special conditions" under this clause 17, conditions can be inserted. Can both parties add stipulations in marriage? Yes, both parties of marriage have the right to add any stipulation in the marriage contract through negotiation. Can anything be inserted as stipulation in marriage contract? Yes, anything can be inserted as stipulation, unless that condition is contrary to either Shari'ah and relevant laws. What is the common stipulation accepted by all madhabs? A stipulation delegating the power of talaq to wife is the generally accepted stipulation of marriage by all madhabs. How many types of marriage stipulations are there, depending on the content terms? As per the content, they may be of two types of stipulations/terms. Such as (i) Stipulations that reinforce the normal incidents of marriage and (ii) Stipulations that vary the normal incidents of marriage. What are the types of marriage stipulations that are based on legal validity? Based on the legal validity of a marriage, they are three types of stipulations. They are valid, void and invalidating stipulation. What is the meaning of valid stipulation? Valid stipulations are those which reinforce sharia obligations or not violating the sharia and laws. What will be considered as void stipulation? Terms of marriage which are contrary to Shariah are considered as void conditions. For example, the condition of non-payment of mohrana will be considered as void condition. What effect does an invalid stipulation have on a marriage? An invalid stipulation/term/condition has a negative effect on the marriage because it is itself an invalid condition that has the power to end the marriage. For example, the terms relating to the duration of the marriage will be considered void, and the marriage contract will be annulled as a result. How can a wife insert stipulation regarding dower? A wife can insert stipulation regarding dower in Kabinnama by including the mode of payment of dower and the time for payment of deferred dower. Can parties of marriage put stipulations regarding the matrimonial property regime? Parties of marriage can put stipulations regarding property regime by mentioning the controlling power and distribution of such matrimonial property regime. What is meant by marital property regime? Married couples can choose the way they will own their assets together. This applies to assets owned at the time of marriage and those acquired at a later date. This is known as a matrimonial property regime and will impact the way the property will be dealt with upon the death of one of the spouses or following divorce. Can a wife insert stipulation regarding polygamy of the husband? Yes, the wife may insert a stipulation which may restrict the power of polygamy of the husband. What are some of the common examples of stipulations or terms that can be inserted in a marriage contract? Stipulation regarding rights and obligation of parties of marriage; Stipulation regarding work and opportunities; Stipulation regarding study and opportunities; Stipulation regarding divorce; Stipulation regarding compensation on divorce; Stipulation regarding non-abusive treatment, etc. What is meant by maintenance in a Muslim marriage? Under Muslim family law, it is the husband's responsibility to provide maintenance to his wife after marriage and the wife's right to receive it; it is the duty of a husband towards his wife. What does basic maintenance include? 1. Food 2. Clothing 3. Accommodation/shelter 4. Medical / Health care And all other basic needs and necessities that are essential for a person to live a reasonable standard of living. What is the husband's obligation regarding the provision of maintenance to the wife under Muslim Family Law? Under Muslim family law, a husband is legally obliged to provide for his wife. This obligation (of husband) / right (of wife) has nothing to do with the financial well-being of the husband. Even if the husband is poor, the wife's right to maintenance cannot be denied. Does the husband have any obligation to provide for a separate residence for the wife? Yes. However, if the husband is unable to provide a separate residence for the wife, and she has to reside in a portion of the house instead of a separate house, then that portion of the house must have independent/separate entrance and exit. When can a wife be deprived of maintenance? In order to enjoy the right to maintenance, the wife has to obey her husband. According to the law, in some cases the wives will not be entitled to maintenance by the husband. For instance: 1. If the wife refuses to live with the husband; 2. If the wife is not loyal to the husband; 3. If the wife is an adulteress; 4. If the first wife opts to live separately because the husband chooses to take a 2nd, 3rd or 4th wife; or 5. If the husband dies, then the ‘iddah’ period following his death. Is the husband obliged to provide for the wife who lives apart from him? Wives who live apart from their husbands without a valid reason are not usually entitled to maintenance. In what cases can a wife get maintenance from her husband even if she lives separately? In the following cases, even if the wife lives separately from the husband, she can get maintenance If the wife is forced to leave the house and live elsewhere due to the cruelty or oppression of the husband; The husband neglects the wife and refuses to take her home; If the husband unethically keeps the illegitimate lover / mistress at home; If the husband stays away from the wife for a long time; If the husband does not pay the prompt dower; If the wife is due to exercise her legal rights; If there is an agreement between the husband and wife that they disagree, they will live separately; or If the husband is married more than once, then at the time of the second marriage, if he entered into an agreement with the 1st wife to the effect that if the 1st wife did not get along with the 2nd wife, the 1st wife will live separately; in which case the husband is obliged to provide maintenance to the 1st wife. (Even in the case of 2nd, 3rd, and 4th marriages, if the above term is agreed upon, the husband shall be obliged to pay maintenance even if each wife lives separately). How does one determine the amount of maintenance? The amount of maintenance can be determined based on husband's economic condition and wife’s social condition, while also maintaining an ‘equitable standard’. Does the financial independence of wives impacts upon husband's obligation to provide maintenance? No matter how rich or financially well-off a wife may be; even if the wife has the ability to meet her own needs, the husband is obliged to provide for her. When is the husband obliged to pay maintenance to his wife? During the continuation of the marriage, a husband is obliged to provide for his wife. Can a wife ask for a divorce because she has not paid maintenance? Wife can seek divorce: • If husband fails to pay maintenance for 2 years, or • neglects to pay maintenance for 2 years, according to Muslim Family Law in Bangladesh. Is the wife entitled to any kind of maintenance after divorce, and if so for how long? The husband is bound to pay maintenance during the "iddah" period (3 menstrual cycles) following divorce. If a pregnant woman is divorced, for how long is she entitled to maintenance beyond the iddah period? The duration of Iddah on divorce in case of pregnant women is till the delivery of the child. The former husband’s liability extends only up to the period of iddah, not beyond that. Can a wife claim maintenance for the past? Yes. The wife can recover any unpaid maintenance from the husband as 'past maintenance'. According to the case, Jamila Khatun vs Rustom Ali, the High Court held that they have the jurisdiction to grant such (past) maintenance subject to considerations of time of limitation and the relevant circumstances of each case. How is the wife's legal right to maintenance recognised in Bangladesh? If a husband has not paid maintenance to his wife without a valid reason, the wife has the right to file a suit under the Family Court Ordinance 1985, which is a civil remedy. The wife can apply to the local Chairman for her maintenance under Rule-9 of the Muslim Family Law Ordinance, 1961. The Chairman will then form an arbitral tribunal for this purpose and issue a certificate determining the amount of money to be paid by the husband. The spouse may apply for revision of the issued certificate in the prescribed manner, by depositing the prescribed fee within the prescribed time and in this case the decision of the concerned Assistant Judge will be considered to be final and its validity cannot be questioned in any Court. What are the father's obligations to provide maintenance for the children? The father is legally obliged to provide for the children until the sons become adults and the girls are married off. And if the son of major age is sick or incapacitated, then the father is obliged to provide for him still. What is the nature of Dower/Mahr? Dower is the personal right of the wife. She herself is the sole owner of the property/money given as dower, over which No one else has any legal right over it. “And give to the women (whom you marry) their mahr as a gift with a good heart…” [al-Nisaa, Verse 4] When is the wife's right to claim dower established? The wife's right to claim dower is fully established immediately after the completion of marriage. Is dower payable even if no mention of dower is made in the deed of marriage? Yes, even if the deed of marriage does not mention dower, it is payable. The dower is a Shariah obligation upon husband and such obligation in a regular (valid) marriage is implicit regardless of the agreement between the husband and wife. Is dower payable even if the parties to the marriage did not orally agree at the time of marriage? Yes. If there is no verbal mention of the amount of dower to be paid at the time of marriage, then the amount to be paid shall be considered as proper dower. [When the amount of the dower is not fixed, then the amount that is to be paid is termed as proper dower] Can wife’s right to have dower be barred by lapse of time? Dower is an imprescriptible right of the wife which cannot be barred by mere lapse of time alone. When must the dower money be paid? According to the Holy Qur’an, the entire amount of dower has to be paid prior to the consummation of marriage. [Surah: An-Nisa, Verse: 4]. How many types of dower are there based on the nature of dower? There are two types of dower: Fixed – amount of dower is fixed by the parties of marriage. Proper – amount of dower is not fixed by the parties of marriage. Regarding Proper dower, the amount is settled by taking into consideration the following factors: (1) Wife’s personal qualifications; such as her age, beauty, virtue, fortune, etc.; (2) Social position of the wife’s father’s family; (3) Dower given to the wife’s female paternal relations; (4) Economic conditions of the husband. How many parts of dower are there, depending on the time of payment? Depending on the time of payment of the Dower, it may have two parts: Prompt dower: payable at once after the solemnisation of marriage on the demand of the wife; Deferred dower: payable on the dissolution of marriage, either by death of husband or divorce between the spouses. It is not mandatory to have these parts of dower, however, it is generally assumed that there are these two parts. The full dower amount can also be considered as proper dower by mutual consent of the parties to the marriage. When is the wife entitled to full dower? On the consummation of marriage; When the married couple truly secludes themselves in a private place; On the death of either spouse after a valid marriage, whether consummated or not; Staying one year in the house of the husband; When divorce is pronounced on one’s deathbed, before consummation of the marriage in order to keep the wife away from inheriting. When is the wife entitled to only half dower? When the dower was fixed, and then divorce takes place before consummation/true seclusion, the wife is entitled to half her dower. When is the wife entitled to no dower? When the marriage is dissolved by Khul’ divorce (where the wife deliberately waives her dower as the compensation to her husband). Can dower be waived? If the wife want, dower can be waived. However, it must be ensured that the decision to waive the dower was taken voluntarily and spontaneously with her full consent. What happens if the wife, after waiving the dower money, later demands it back? Umar (RA), the second caliph of Islam decreed that if a wife remits the whole or part of her dower, and later on demands it, the husband shall be compelled to pay it because the very fact that she demands it is clear proof that she did not remit it of her free will. What are the consequence of non-payment of dower, as rights of the wife? The wife may refuse to reside with her husband The wife may refuse consummation and the husband cannot compel her. The wife is entitled to receive maintenance if she resides separately on the ground of non-payment of dower. The wife can recover the dower by instituting a suit against the husband. Dower is considered as a debt. In the case the husband dies keeping dower unpaid, The widow can enforce her claim for the dower debt by filing a lawsuit against the husband’s heirs; she is entitled to have the debt settled, along with other creditors, out of his estate, The widow has a right to retain possession of her husband’s property in lieu of unpaid dower, until the amount of her dower is settled. What are the basic elements of a Muslim marriage? 1. Offer; 2. Acceptance; & 3. Presence of witnesses. How an offer and acceptance can be made in a Muslim marriage? The proposal and acceptance of a Muslim marriage should be made in a clear manner and in this case the independent consent of both the parties is essential. It should be remembered that without independent consent, a Muslim marriage is not valid. Why is it necessary to have witnessed in a Muslim marriage? It is an essential condition for the validity of a marriage. Secret marriages without witnesses are unconditionally forbidden in Islam because they are like adultery. Narrated from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman. He said, "This is a secret marriage and I do not permit it." [Muwatta Malik, Book no 28, Hadith 1120] What are the statutory requirements for marriage in Bangladesh? 1. Consent: Both parties must have clear consent; 2. Competence: Both parties must be of "Sound" mind and must be "capable" to marry according to Muslim family law; 3. Age of marriage: 21 years for men and 18 years for women. [Section, 2(3), Child Marriage Restraint Act, 2017] 4. Marriage registration: Marriage solemnized under Muslim law shall be registered. [Section 3, Muslim Marriages and Divorces (Registration) Act 1974] Does non-registration invalid a Muslim marriage? No! The Muslim marriage registration is a statutory obligation, violation of which is a punishable offence. Can parents compel their children to marry? NO! Parents cannot force their son/daughter to marry someone whom they do not want to marry, as the Prophet Muhammad (PBUH) said: “A woman who has been married before should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.” [Sahih al-Bukhari 5136] Who is responsible for registering a Muslim marriage? The marriage registrar will register the marriage at once, where he performs the marriage formalities himself. In other cases, the bridegroom shall report it to the concerned Nikah Registrar within thirty days from the date of the Marriage, and the Nikah Registrar shall register the marriage at once. What is the punishment for not registering a Muslim marriage? Non-registration of a Muslim marriage is a punishable offence. In this case, the person responsible will be sentenced to two years general imprisonment or fine up to three thousand taka or both. [The Muslim Marriages and Divorces (Registration) Act, 1974, section 5] What are the legal effects of mutual rights and obligations of husband and wife? Sexual rights; Legitimacy of children; Marital fidelity and trustworthiness; Right to inheritance; No merge of personality; Other matrimonial conditions. What are the legal rights of the husband and the duties of the wife that arise in consequence of a Muslim marriage? The legal rights of the husband are: To control wife's movement; To seek the restitution of conjugal rights; The duties of the wife are: To be obedient towards husband; To live and stay with husband; To accompany the husband on travel {However, the wife may refuse to accompany him on legal and reasonable grounds}. What are the legal rights of the wife and the duties of the husband that arise in consequence of a Muslim marriage? The legal rights of the wife are: To visit her own parents; To receive dower and maintenance; To seek the restitution of conjugal rights; The duties of the husband are: To provide adequate housing within affordable means; To fulfil the financial obligations {This includes food, water, clothing and other basic needs} What are the mutual Rights and Obligations of husband and wife? Sexual Rights: Sexual right is not a unilateral right of the husband; rather a mutual right. Legitimacy of Children: Any child born during a valid marriage is a legitimate child. This is an important issue in Muslim Family Law. Marital fidelity and trustworthiness: It is the duty of both husband and wife to maintain marital fidelity, and they both should not do anything that goes against marital trustworthiness. Right to inheritance: During the continuance of marriage, if either of the husband or wife dies, then the other acquires the right to get property by inheritance. No merge of personality: In Muslim law, both husband and wife maintain an individual full legal personality even after the marriage. Other matrimonial conditions: The terms inserted in the marriage deed by the party at the time of marriage will be binding on them. (e.g., If it is inserted in the contract of marriage that the husband would allow the wife to pursue her higher studies after the marriage, then the husband cannot bind the wife to do the contrary.) Rights of the Husband and the Duties of the Wife Obedience of the wife: The wife must be obedient to the husband. On the point of the degree of obedience, classical and modern jurists have different opinion. Living with the husband: It is a legal obligation of a wife to live with her husband. The wife may only deny residing with her husband if he has not paid a prompt dower on her demand. Power to control wife’s movement: The husband has the right to control his wife's movements. Therefore, the wife has to get permission from her husband to go outside. Wife's responsibilities regarding household chores: A wife does not have any legal obligation to do household activities. However, the work distribution in a family is in fact a matter of mutual understanding between husband and wife. Rights of the Wife and the Duties of the Husband Financial obligation: The husband is obliged to bear all the financial responsibilities of the marriage unilaterally. The husband is responsible for providing his wife with dowry, maintenance, food, shelter and other relevant assistance. Visiting wife’s parents: The husband is bound to allow his wife to visit her parents at reasonable intervals. A wife can go to her parents, even if it's disregard the husband’s restriction to go there.

Our Advisors We are honoured to have amongst us the distinguished group of individuals who have expressed their willingness to be the advisors for Map of Justice. This esteemed group of individuals brings a market of expertise and experience, reinforcing our commitment towards advancing justice, human dignity and equity, and guide us in ensuring that we continue to make a meaningful impact in the society. Dr. Md. Rizwanul Islam Professor of Law Dean, School of Humanities and Social Sciences North South University, Bangladesh Macquarie University, Australia (PhD) Md. Rizwanul Islam was a recipient of the Macquarie University Research Excellence Scholarship. Dr. Islam obtained his LL.M. from National University of Singapore and LL.B. (Hons.) from University of Dhaka, Bangladesh. He has many book chapters, monographs, journal articles, and book chapters published in reputable outlets such as Brill, Cambridge University Press, Elsevier, Kluwer, and Oxford University Press, etc. Dr. Islam has acted as a consultant or Fellow in projects funded by the International Labour Organization, World Bank, United Nations Development Programme, and national NGOs. He was awarded the President’s Gold Medal for his paper titled ‘Judges as Legislators: Benevolent Exercise of Powers by the Higher Judiciary in Bangladesh with not so Benevolent Consequences’ as the Best Research Article in the subject category of Arts, Humanities, Education, and Law of the year 2016. Dr. Islam received the Research Award 2021 from the Faculty of Humanities and Social Sciences, North South University, for outstanding performance in research during 2018-2020. In March 2021, he was elected as a Co-Chair of the Teaching International Law Interest Group of the American Society of International Law for a three-year term. Dr. Mohammad Ershadul Karim Associate Professor of Law Faculty of Law University of Malaya, Malaysia University of Malaya, Malaysia (PhD) Dr. Mohammad Ershadul Karim was awarded with the prestigious Bright Spark Scholarship. He also holds an LL.M. and LL.B. (Hons.) from the University of Dhaka, Bangladesh. Dr. Karim is a prolific scholar, having published extensively in peer-reviewed journals and authored multiple books and book chapters on issues including Cyber Law, Environmental Law, and on Privacy and Personal Data Protection Law. His contributions appear in publications by renowned academic publishers such as Elsevier, SpringerNature, and BRILL. He has managed the Bangladesh National Chapter for the Yearbook of International Environmental Law, from 2013 to 2024. Dr. Karim served as the Web Administrator and Editor of the first online case law database in Bangladesh. He has also served as a Senior Research Officer at the UN Special Rapporteur’s office on Trafficking in Women and Children. Dr. Karim has contributed to major projects, including the Industry-Academia Collaborative Blockchain-Based Regulatory Framework Research Project. He has been consulted by numerous national and international organizations, including the UNDP, WIPO, World Bank, EU, and various government agencies. Dr. Masrur Salekin Additional District and Sessions Judge 7th Court, Special Tribunal No.8 Dhaka, District and Sessions Judge Court, Bangladesh University of Galway, Ireland (PhD) Dr. Masrur Salekin was a recipient of the Presidential Fellowship Award by City, University of London for post-doctoral research, Hardiman Research Scholarship and the Chevening Scholarship. Dr Salekin obtained his second LL.M. from the University of Nottingham, and the first LL.B. (Hons.) and LL.M. from the University of Dhaka. Dr Salekin has over nineteen years of experience in the legal field, holding roles as a judge, researcher, academic, and legal practitioner. His expertise spans doctrinal, comparative, and socio-legal research, justice delivery, legal drafting, teaching, and training. His research interests focus on environmental law, constitutional law, human rights, economic law, and development. Dr. Salekin has also taught and supervised research at several universities, within and beyond Bangladesh. His research has been published in various prestigious journals, Environmental Liability: Law, Policy and Practice Journal, Law, Environment and Development Journal (LEAD Journal), IUCN Academy of Environmental Law series by Edward Elgar, Judicial Administration and Training Institute Journal, South Asian Journal of Environmental Law and Policy, Special issue published by the Law Commission Bangladesh, and Dhaka University Law Journal.

Tech, Law, and Society Series Map of Justice is pleased to presents Tech, Law, and Society Series— A thoughtfully designed series of courses that empowers participants with essential knowledge and practical skills at the nexus of technology, law, and justice. SERIES DESCRIPTION Map of Justice dives deep into the dynamic intersection of technology, law, and society by covering a wide range of topics—from data privacy and cybersecurity to AI ethics and digital rights—the series aims to raise awareness, foster critical dialogue, and empower communities with knowledge about how legal frameworks shape our digital lives. Through expert-led theoretical knowledge and hands-on activities, Tech, Law, and Society navigates the issues of teach laws. Each module combines foundational legal concepts with practical case studies and advocacy insights, preparing learners to thoughtfully address the legal and ethical questions of the digital era. Certificate Course on Fundamental s of Information Technology Law: Theory & Practice Map of Justice dives deep into the dynamic intersection of technology, law, and society by covering a wide range of topics—from data privacy and cybersecurity to AI ethics and digital rights—the series aims to raise awareness, foster critical dialogue, and empower communities with knowledge about how legal frameworks shape our digital lives. Through expert-led theoretical knowledge and hands-on activities, Tech, Law, and Society navigates the issues of teach laws. Each module combines foundational legal concepts with practical case studies and advocacy insights, preparing learners to thoughtfully address the legal and ethical questions of the digital era. Course Overview: As part of the Tech, Law, and Society Series, we are proud to introduce the inaugural certificate course: “Fundamentals of Information Technology Law: Theory & Practice.” This course offers a comprehensive and engaging journey through the core principles of Information Technology Law, blending legal theory with real-world application. Participants will begin with core concepts—including the legal foundations of IT law and a technical understanding of how the internet works—before exploring key domains such as data protection, e-commerce regulation, digital contracts, cybersecurity, and digital rights. The curriculum also addresses contemporary challenges posed by social media, hate speech, online content moderation, and intellectual property in a digital environment. Designed for students, early-career professionals, and legal enthusiasts, this course emphasizes both conceptual understanding and practical skills—enabling participants to analyse legal issues, draft relevant documents, and apply legal principles effectively in digital environments. Learning Outcome: Understand the foundational knowledge of Information Technology Law in national and global contexts. Analyse real-world legal issues arising in the digital environment, including privacy violations, cybercrimes, and online speech. Basic of drafting for legal documents such as, e-contracts, and digital rights complaints. Evaluate the legal and ethical tensions between innovation, regulation, and fundamental rights in the digital age. Apply legal reasoning and research skills using digital tools to solve practical IT law problems. Communicate effectively in legal discussions, debates, and simulations related to tech law and policy. Course Duration and Structure: This 7-week course comprises 14 sessions—two per week, with one focused on theory and the other on practical application—each lasting 2 hours. To maximize learning outcomes, participants are expected to dedicate an additional 2 hours a week prior to the sessions, for pre-session preparation. This includes reading assigned materials, viewing recommended media, and group tasks. Total Time Commitment: Online Class Sessions: 14 hours Theoretical Lecture | 14 hours Practical Application Pre-session preparation Homework: 14 hours Self-study time: 12 hours Class time: 7:00 PM – 9:00 PM Delivery Mode: Online Course Date: 04 July – 16 August 2025 Methodology: The is course adopts an interactive, learner-focused methodology that blends legal theory with practical application. Each week consists of two sessions—one theoretical and one practical—designed to build both conceptual understanding and hands-on skills. Participants will engage with diverse learning materials, including academic texts, case laws, infographics, and recommended media. Practical sessions involve simulations, drafting exercises, case studies, and group discussions to foster real-world legal analysis and application. Collaborative learning is encouraged through group tasks and debates on emerging tech law issues. Assessments include quizzes, written reflections, and project-based evaluations, with feedback provided throughout. Active participation is required for successful course completion. This methodology ensures a dynamic and comprehensive learning experience, equipping participants to navigate legal challenges in today’s digital landscape confidently. Eligibility: Undergraduate Programme: 3rd or 4th Year LL.B. (Hons.) student Graduate Programme: Master of Laws (LL.M.) students Early Career Professionals (e.g., researchers, activists, practitioners, judges) Certification: The course includes formal assessments. Participants who attend all sessions and actively engage in course activities will be considered to have successfully completed the course and will receive a certificate of completion. Additionally, based on overall performance and assessment criteria, one participant will be selected for the ‘Best Participant’ award and will receive a prize. Application Process: Eligible applicants are invited to submit an online application via a Google Form, where they will be asked to provide necessary information and upload their interest for application. < Application Link> Course Fees: Individuals: All individual participants are required to pay a course fee of 8,000 BDT. Groups: We are offering group discounts for our participants: - A reduction of 2,00 0 BDT for a group of three participants - 6,000 BDT each group member - A reduction of 2,500 BDT for a group of five participants - 5,500 BDT each group member provided all group members are admitted to the course together . In order to avail the group discounts, a contact person from the group is first urged to email us with the following details at mapofjustice@gmail.com : 1. How many members in the Group application; 2. Name of all the members; 3. Email addresses of all the members. The contact person will then be sent a Group Code. The group members shall then proceed as per the regular procedure in filling up the application and use the Group Code therein. International participants interested in joining may email us at: mapofjustice@gmail.com Detailed information about payment procedures and deadlines will be shared with selected applicants.

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. What is meant by stipulation in a Muslim Marriage? Muslim marriage is considered as a contract whereas parties can insert stipulation according to sharia, in order to run the marriage successfully. It is called marriage stipulation. What is the purpose of inserting stipulations in a Marriage Deed? The purpose of insertion of stipulation in marriage is to bring a balance in marriage through determining the rights, duties and responsibilities of the spouses. Where can the stipulation be inserted in the Marriage Deed? Clause 17 of the Kabinnama (Marriage Deed) states, "If there are special conditions" under this clause 17, conditions can be inserted. Can both parties add stipulations in marriage? Yes, both parties of marriage have the right to add any stipulation in the marriage contract through negotiation. Can anything be inserted as stipulation in marriage contract? Yes, anything can be inserted as stipulation, unless that condition is contrary to either Shari'ah and relevant laws. What is the common stipulation accepted by all madhabs? A stipulation delegating the power of talaq to wife is the generally accepted stipulation of marriage by all madhabs. How many types of marriage stipulations are there, depending on the content terms? As per the content, they may be of two types of stipulations/terms. Such as (i) Stipulations that reinforce the normal incidents of marriage and (ii) Stipulations that vary the normal incidents of marriage. What are the types of marriage stipulations that are based on legal validity? Based on the legal validity of a marriage, they are three types of stipulations. They are valid, void and invalidating stipulation. What is the meaning of valid stipulation? Valid stipulations are those which reinforce sharia obligations or not violating the sharia and laws. What will be considered as void stipulation? Terms of marriage which are contrary to Shariah are considered as void conditions. For example, the condition of non-payment of mohrana will be considered as void condition. What effect does an invalid stipulation have on a marriage? An invalid stipulation/term/condition has a negative effect on the marriage because it is itself an invalid condition that has the power to end the marriage. For example, the terms relating to the duration of the marriage will be considered void, and the marriage contract will be annulled as a result. How can a wife insert stipulation regarding dower? A wife can insert stipulation regarding dower in Kabinnama by including the mode of payment of dower and the time for payment of deferred dower. Can parties of marriage put stipulations regarding the matrimonial property regime? Parties of marriage can put stipulations regarding property regime by mentioning the controlling power and distribution of such matrimonial property regime. What is meant by marital property regime? Married couples can choose the way they will own their assets together. This applies to assets owned at the time of marriage and those acquired at a later date. This is known as a matrimonial property regime and will impact the way the property will be dealt with upon the death of one of the spouses or following divorce. Can a wife insert stipulation regarding polygamy of the husband? Yes, the wife may insert a stipulation which may restrict the power of polygamy of the husband. What are some of the common examples of stipulations or terms that can be inserted in a marriage contract? Stipulation regarding rights and obligation of parties of marriage; Stipulation regarding work and opportunities; Stipulation regarding study and opportunities; Stipulation regarding divorce; Stipulation regarding compensation on divorce; Stipulation regarding non-abusive treatment, etc. What is meant by maintenance in a Muslim marriage? Under Muslim family law, it is the husband's responsibility to provide maintenance to his wife after marriage and the wife's right to receive it; it is the duty of a husband towards his wife. What does basic maintenance include? 1. Food 2. Clothing 3. Accommodation/shelter 4. Medical / Health care And all other basic needs and necessities that are essential for a person to live a reasonable standard of living. What is the husband's obligation regarding the provision of maintenance to the wife under Muslim Family Law? Under Muslim family law, a husband is legally obliged to provide for his wife. This obligation (of husband) / right (of wife) has nothing to do with the financial well-being of the husband. Even if the husband is poor, the wife's right to maintenance cannot be denied. Does the husband have any obligation to provide for a separate residence for the wife? Yes. However, if the husband is unable to provide a separate residence for the wife, and she has to reside in a portion of the house instead of a separate house, then that portion of the house must have independent/separate entrance and exit. When can a wife be deprived of maintenance? In order to enjoy the right to maintenance, the wife has to obey her husband. According to the law, in some cases the wives will not be entitled to maintenance by the husband. For instance: 1. If the wife refuses to live with the husband; 2. If the wife is not loyal to the husband; 3. If the wife is an adulteress; 4. If the first wife opts to live separately because the husband chooses to take a 2nd, 3rd or 4th wife; or 5. If the husband dies, then the ‘iddah’ period following his death. Is the husband obliged to provide for the wife who lives apart from him? Wives who live apart from their husbands without a valid reason are not usually entitled to maintenance. In what cases can a wife get maintenance from her husband even if she lives separately? In the following cases, even if the wife lives separately from the husband, she can get maintenance If the wife is forced to leave the house and live elsewhere due to the cruelty or oppression of the husband; The husband neglects the wife and refuses to take her home; If the husband unethically keeps the illegitimate lover / mistress at home; If the husband stays away from the wife for a long time; If the husband does not pay the prompt dower; If the wife is due to exercise her legal rights; If there is an agreement between the husband and wife that they disagree, they will live separately; or If the husband is married more than once, then at the time of the second marriage, if he entered into an agreement with the 1st wife to the effect that if the 1st wife did not get along with the 2nd wife, the 1st wife will live separately; in which case the husband is obliged to provide maintenance to the 1st wife. (Even in the case of 2nd, 3rd, and 4th marriages, if the above term is agreed upon, the husband shall be obliged to pay maintenance even if each wife lives separately). How does one determine the amount of maintenance? The amount of maintenance can be determined based on husband's economic condition and wife’s social condition, while also maintaining an ‘equitable standard’. Does the financial independence of wives impacts upon husband's obligation to provide maintenance? No matter how rich or financially well-off a wife may be; even if the wife has the ability to meet her own needs, the husband is obliged to provide for her. When is the husband obliged to pay maintenance to his wife? During the continuation of the marriage, a husband is obliged to provide for his wife. Can a wife ask for a divorce because she has not paid maintenance? Wife can seek divorce: • If husband fails to pay maintenance for 2 years, or • neglects to pay maintenance for 2 years, according to Muslim Family Law in Bangladesh. Is the wife entitled to any kind of maintenance after divorce, and if so for how long? The husband is bound to pay maintenance during the "iddah" period (3 menstrual cycles) following divorce. If a pregnant woman is divorced, for how long is she entitled to maintenance beyond the iddah period? The duration of Iddah on divorce in case of pregnant women is till the delivery of the child. The former husband’s liability extends only up to the period of iddah, not beyond that. Can a wife claim maintenance for the past? Yes. The wife can recover any unpaid maintenance from the husband as 'past maintenance'. According to the case, Jamila Khatun vs Rustom Ali, the High Court held that they have the jurisdiction to grant such (past) maintenance subject to considerations of time of limitation and the relevant circumstances of each case. How is the wife's legal right to maintenance recognised in Bangladesh? If a husband has not paid maintenance to his wife without a valid reason, the wife has the right to file a suit under the Family Court Ordinance 1985, which is a civil remedy. The wife can apply to the local Chairman for her maintenance under Rule-9 of the Muslim Family Law Ordinance, 1961. The Chairman will then form an arbitral tribunal for this purpose and issue a certificate determining the amount of money to be paid by the husband. The spouse may apply for revision of the issued certificate in the prescribed manner, by depositing the prescribed fee within the prescribed time and in this case the decision of the concerned Assistant Judge will be considered to be final and its validity cannot be questioned in any Court. What are the father's obligations to provide maintenance for the children? The father is legally obliged to provide for the children until the sons become adults and the girls are married off. And if the son of major age is sick or incapacitated, then the father is obliged to provide for him still. What is the nature of Dower/Mahr? Dower is the personal right of the wife. She herself is the sole owner of the property/money given as dower, over which No one else has any legal right over it. “And give to the women (whom you marry) their mahr as a gift with a good heart…” [al-Nisaa, Verse 4] When is the wife's right to claim dower established? The wife's right to claim dower is fully established immediately after the completion of marriage. Is dower payable even if no mention of dower is made in the deed of marriage? Yes, even if the deed of marriage does not mention dower, it is payable. The dower is a Shariah obligation upon husband and such obligation in a regular (valid) marriage is implicit regardless of the agreement between the husband and wife. Is dower payable even if the parties to the marriage did not orally agree at the time of marriage? Yes. If there is no verbal mention of the amount of dower to be paid at the time of marriage, then the amount to be paid shall be considered as proper dower. [When the amount of the dower is not fixed, then the amount that is to be paid is termed as proper dower] Can wife’s right to have dower be barred by lapse of time? Dower is an imprescriptible right of the wife which cannot be barred by mere lapse of time alone. When must the dower money be paid? According to the Holy Qur’an, the entire amount of dower has to be paid prior to the consummation of marriage. [Surah: An-Nisa, Verse: 4]. How many types of dower are there based on the nature of dower? There are two types of dower: Fixed – amount of dower is fixed by the parties of marriage. Proper – amount of dower is not fixed by the parties of marriage. Regarding Proper dower, the amount is settled by taking into consideration the following factors: (1) Wife’s personal qualifications; such as her age, beauty, virtue, fortune, etc.; (2) Social position of the wife’s father’s family; (3) Dower given to the wife’s female paternal relations; (4) Economic conditions of the husband. How many parts of dower are there, depending on the time of payment? Depending on the time of payment of the Dower, it may have two parts: Prompt dower: payable at once after the solemnisation of marriage on the demand of the wife; Deferred dower: payable on the dissolution of marriage, either by death of husband or divorce between the spouses. It is not mandatory to have these parts of dower, however, it is generally assumed that there are these two parts. The full dower amount can also be considered as proper dower by mutual consent of the parties to the marriage. When is the wife entitled to full dower? On the consummation of marriage; When the married couple truly secludes themselves in a private place; On the death of either spouse after a valid marriage, whether consummated or not; Staying one year in the house of the husband; When divorce is pronounced on one’s deathbed, before consummation of the marriage in order to keep the wife away from inheriting. When is the wife entitled to only half dower? When the dower was fixed, and then divorce takes place before consummation/true seclusion, the wife is entitled to half her dower. When is the wife entitled to no dower? When the marriage is dissolved by Khul’ divorce (where the wife deliberately waives her dower as the compensation to her husband). Can dower be waived? If the wife want, dower can be waived. However, it must be ensured that the decision to waive the dower was taken voluntarily and spontaneously with her full consent. What happens if the wife, after waiving the dower money, later demands it back? Umar (RA), the second caliph of Islam decreed that if a wife remits the whole or part of her dower, and later on demands it, the husband shall be compelled to pay it because the very fact that she demands it is clear proof that she did not remit it of her free will. What are the consequence of non-payment of dower, as rights of the wife? The wife may refuse to reside with her husband The wife may refuse consummation and the husband cannot compel her. The wife is entitled to receive maintenance if she resides separately on the ground of non-payment of dower. The wife can recover the dower by instituting a suit against the husband. Dower is considered as a debt. In the case the husband dies keeping dower unpaid, The widow can enforce her claim for the dower debt by filing a lawsuit against the husband’s heirs; she is entitled to have the debt settled, along with other creditors, out of his estate, The widow has a right to retain possession of her husband’s property in lieu of unpaid dower, until the amount of her dower is settled. What are the basic elements of a Muslim marriage? 1. Offer; 2. Acceptance; & 3. Presence of witnesses. How an offer and acceptance can be made in a Muslim marriage? The proposal and acceptance of a Muslim marriage should be made in a clear manner and in this case the independent consent of both the parties is essential. It should be remembered that without independent consent, a Muslim marriage is not valid. Why is it necessary to have witnessed in a Muslim marriage? It is an essential condition for the validity of a marriage. Secret marriages without witnesses are unconditionally forbidden in Islam because they are like adultery. Narrated from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman. He said, "This is a secret marriage and I do not permit it." [Muwatta Malik, Book no 28, Hadith 1120] What are the statutory requirements for marriage in Bangladesh? 1. Consent: Both parties must have clear consent; 2. Competence: Both parties must be of "Sound" mind and must be "capable" to marry according to Muslim family law; 3. Age of marriage: 21 years for men and 18 years for women. [Section, 2(3), Child Marriage Restraint Act, 2017] 4. Marriage registration: Marriage solemnized under Muslim law shall be registered. [Section 3, Muslim Marriages and Divorces (Registration) Act 1974] Does non-registration invalid a Muslim marriage? No! The Muslim marriage registration is a statutory obligation, violation of which is a punishable offence. Can parents compel their children to marry? NO! Parents cannot force their son/daughter to marry someone whom they do not want to marry, as the Prophet Muhammad (PBUH) said: “A woman who has been married before should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission.” [Sahih al-Bukhari 5136] Who is responsible for registering a Muslim marriage? The marriage registrar will register the marriage at once, where he performs the marriage formalities himself. In other cases, the bridegroom shall report it to the concerned Nikah Registrar within thirty days from the date of the Marriage, and the Nikah Registrar shall register the marriage at once. What is the punishment for not registering a Muslim marriage? Non-registration of a Muslim marriage is a punishable offence. In this case, the person responsible will be sentenced to two years general imprisonment or fine up to three thousand taka or both. [The Muslim Marriages and Divorces (Registration) Act, 1974, section 5] What are the legal effects of mutual rights and obligations of husband and wife? Sexual rights; Legitimacy of children; Marital fidelity and trustworthiness; Right to inheritance; No merge of personality; Other matrimonial conditions. What are the legal rights of the husband and the duties of the wife that arise in consequence of a Muslim marriage? The legal rights of the husband are: To control wife's movement; To seek the restitution of conjugal rights; The duties of the wife are: To be obedient towards husband; To live and stay with husband; To accompany the husband on travel {However, the wife may refuse to accompany him on legal and reasonable grounds}. What are the legal rights of the wife and the duties of the husband that arise in consequence of a Muslim marriage? The legal rights of the wife are: To visit her own parents; To receive dower and maintenance; To seek the restitution of conjugal rights; The duties of the husband are: To provide adequate housing within affordable means; To fulfil the financial obligations {This includes food, water, clothing and other basic needs} What are the mutual Rights and Obligations of husband and wife? Sexual Rights: Sexual right is not a unilateral right of the husband; rather a mutual right. Legitimacy of Children: Any child born during a valid marriage is a legitimate child. This is an important issue in Muslim Family Law. Marital fidelity and trustworthiness: It is the duty of both husband and wife to maintain marital fidelity, and they both should not do anything that goes against marital trustworthiness. Right to inheritance: During the continuance of marriage, if either of the husband or wife dies, then the other acquires the right to get property by inheritance. No merge of personality: In Muslim law, both husband and wife maintain an individual full legal personality even after the marriage. Other matrimonial conditions: The terms inserted in the marriage deed by the party at the time of marriage will be binding on them. (e.g., If it is inserted in the contract of marriage that the husband would allow the wife to pursue her higher studies after the marriage, then the husband cannot bind the wife to do the contrary.) Rights of the Husband and the Duties of the Wife Obedience of the wife: The wife must be obedient to the husband. On the point of the degree of obedience, classical and modern jurists have different opinion. Living with the husband: It is a legal obligation of a wife to live with her husband. The wife may only deny residing with her husband if he has not paid a prompt dower on her demand. Power to control wife’s movement: The husband has the right to control his wife's movements. Therefore, the wife has to get permission from her husband to go outside. Wife's responsibilities regarding household chores: A wife does not have any legal obligation to do household activities. However, the work distribution in a family is in fact a matter of mutual understanding between husband and wife. Rights of the Wife and the Duties of the Husband Financial obligation: The husband is obliged to bear all the financial responsibilities of the marriage unilaterally. The husband is responsible for providing his wife with dowry, maintenance, food, shelter and other relevant assistance. Visiting wife’s parents: The husband is bound to allow his wife to visit her parents at reasonable intervals. A wife can go to her parents, even if it's disregard the husband’s restriction to go there. আমাদের সাথে যোগদান করুন! ডিজিটাল অ্যাডভোকেসি এবং গবেষণার মাধ্যমে সমাজের উন্নয়নে অবদান রাখতে ইচ্ছুক ব্যক্তিদের জন্য ম্যাপ অফ জাস্টিস সর্বদা উন্মুক্ত। আমাদের কাছে বেশ কয়েকটি পদ রয়েছে যা আপনার আগ্রহী হতে পারে। আপনি যদি আমাদের সাথে যোগ দিতে আগ্রহী হন, তাহলে আপনার জীবনবৃত্তান্ত এবং কভার লেটার (২০০ শব্দ) mapofjustice@gmail.com ঠিকানায় পাঠান। উপরে উল্লিখিত প্রায়শই জিজ্ঞাসিত প্রশ্নাবলী সম্পর্কে আপনার যদি কোনও প্রশ্ন বা উদ্বেগ থাকে, তাহলে অনুগ্রহ করে ইমেলের মাধ্যমে আমাদের সাথে যোগাযোগ করুন।

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. MOJ REports 6 October 2024 Cybercrimes in Bangladesh: Causes, Effects, and Prevention Mechanisms In Bangladesh, there are several different types of cybercrimes that takes place across the country. The most common ones are cyber-sexual harassment; revenge pornography; financial crime and online blackmail; online child sexual exploitation; social media hacking and data breach; and last, and perhaps the most dangerous in the current global context, cybercrime with AI, whereby cybercriminals are nowadays able to perpetrate scams, distribute malware, make deepfake videos and voice cloning all with very limited effort and in extremely short time periods. Given the variety, vastness, and various advancements in technology of the issue at concern, this study has been adopted with the primary purpose of thoroughly examining the state of cybercrime in Bangladesh, reflecting on its prevalence and underlying causes, with a particular emphasis on the vulnerabilities and experiences of students in the country. To read the full report, download it. DOWNLOAD

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. MOJ RESOURCES Research Report We undertake in-depth research into relevant socio-legal issues in order to identify the cause of the problem and make sustainable recommendations. Knowledge Sharing We undertake activities to generate legal information on a variety of relevant socio-legal issues in order to build legally informed communities that meet their obligations and responsibilities and protect their rights. Such as Kanoon Janun, Apni ki Janen?, etc. Awareness Campaign We take action on a number of issues to raise awareness and bring about effective community change through the use of social media and content creation to address gender-based violence, environmental issues, child labour, media and information literacy.

Map of Justice is a research-based advocacy platform. We advocate for Justice, Human Dignity, & Equity. OUR PROGRAMS Making a Difference Virtual Panel Discussion Virtual Adda With Youths Virtual Conversation With Expert