Modern Law, Traditional “Shalish” and Civil Society Activism in Bangladesh

Habibul Haque Khondker, Zayed University

Document Type

Book Chapter

Source of Publication

Boundaries of Religious Freedom: Regulating Religion in Diverse Societies

Publication Date

4-11-2023

Abstract

This chapter examines problems of legal pluralism in Bangladesh by focusing on shalish, the informal dispute resolution and mediation often involving women and their various alleged transgressions of moral conduct. It deals with the efforts of civil society organizations in Bangladesh in general, with specific focus on the Ain o Salish Kendra (ASK), a legal aid organization and an important member of the civil society organizations in Bangladesh, to flesh out confrontations between formal law and informal law, rationalization of public life, and the interface between state and civil society and between civil society and traditional rural society. This chapter also explores whether shalish, as an alternative dispute resolution, has a place in the judicial system of Bangladesh. The chapter deals with the challenges and promises of effective implementation of alternative dispute resolution, and problems of indigenization of the adjudication process in conformity with the ideals of a modern judicial system, i.e., neutrality, fairness and equality.

ISBN

978-3-031-27187-8, 978-3-031-27188-5

ISSN

2214-529X

Publisher

Springer International Publishing

First Page

77

Last Page

97

Disciplines

Islamic Studies | Law | Sociology

Keywords

Legal pluralism, Bangladesh, shalish, dispute resolution, mediation, civil society

Indexed in Scopus

no

Open Access

no

Link to Full Text

Share

COinS