Journal of Asian and African Social Science and Humanities

RULES OF DOWER IN ISLAM AND AN ANALYSIS OF PAYMENT SYSTEM IN SOCIETY: BANGLADESH PERSPECTIVE

Md.Mostofa Kamal — 2025-08-20

Abstract:

Dower is undoubtedly a significant subject matter for the Muslim society. It is a sum of money or property on which the wife is entitled to receive from her husband in consideration of their marriage. Islam has maintained a balance in the society between men and women by giving its unequivocal endorsement to a practical division of responsibilities, whereby women are placed in charge of the domestic management of the household, while men are responsible for the maintenance of its victuals and livelihood in a matrimonial family. In this article, an investigation of the real problems for the recovery of dower and recommendations have been highlighted to make awareness between men and women in the practice of discharging their respective religious, legal and social responsibilities in regards of dower.

LABOR MIGRATION MANAGEMENT IN BANGLADESH: CHALLENGES AND LEGAL PROTECTIONS

Kaniz Tania Bint-E-Basar — 2025-08-20

This paper presents labor migration management, challenges, and legal protections in Bangladesh. Labor migration is one of the most important sectors in the economy of Bangladesh which plays a vital role in three major ways, firstly it reduces unemployment problems, secondly brings remittance flows to the country and thirdly it strengthens the diplomatic relation among the countries. Middle Eastern countries like Oman, United Arab Emirates (UAE) and Saudi Arabia (KSA), Malaysia, Singapore and South Asian countries are the most favorite countries for migrated labors. Bangladesh is the 8^th highest remittance recipient in the world and obtained about $22.50 billion in the year 2022 as well as the fourth highest remittance recipient in South Asia.^[i]Migration has developed in Bangladesh but there are a lot of difficulties in the migration sector. Though there are enough laws and policies in Bangladesh to regulate and promote labor migration, implementations and monitoring mechanisms are still complex to ensure effective labor migration. This paper presents difficulties of labor migration, historical development, types and nature of migration policy issues, management, legal protection of migrants and recommendations in the labor migration process.

^[i] Migration and Migrants: A Global Overview, IOM (2023) https://worldmigrationreport.iom.int/what-we-do/world-migration-report-2024-chapter-2/international-remittances#:~:text=In%202022%2C%20India%2C%20Mexico%2C,the%20USD%20100%20billion%20mark.

THE MYTH OF AN ARBITRATOR’S DUTY TO RENDER AN ENFORCEABLE AWARD: THEORETICAL FOUNDATION AND THE EXTENT

Md. Omar Farque — 2025-08-20

Impressively, the stakeholders in modern times are resorting to international arbitration to resolve commercial disputes as it is often perceived as cheaper; more confidential; and less time-consuming than court proceedings, and the award is easier to enforce than a court decision. Hence, it would go into the vein if the arbitral awards- the result of such arbitral proceedings- render it unenforceable. As such, there is a robust proposition that it is incumbent on the Arbitrators to render an award enforceable. Thus, following a qualitative approach to legal research, this paper aims to explore the existence of such duty conferred upon the Arbitrator — especially in the case of international commercial arbitration, either by way of contract or vested automatically or legally. Moreover, it looks at the ancillary factors that should an arbitrator take into consideration while making a decision. This article has been designed in parts for a clear segregation of topics that have been covered. Following a glimpse of the integral issues in the introduction section in Part I, Part II roots the foundation of the myth of an arbitrator’s duty to render an enforceable award. Part III elucidates the nature of such duty, while Part IV explores the sources that confer such a duty upon the arbitrators. Furthermore, Part V portrays light on the factors ancillary to rendering an enforceable award and Part VI explains the Arbitrator’s duty to comply with an enforceable order followed by the concluding remarks as envisaged in the last part of the paper.

PREVENTIVE DETENTION: A CRITICAL EXAMINATION OF LEGAL SAFEGUARDS AND HUMAN RIGHTS

Sadia Shultana — 2025-08-20

Preventive detention is a legal mechanism that permits authorities to detain individuals without formal charges or trial based on the assumption that they may engage in activities harmful to public order or national security. While most democratic nations uphold the principle of personal liberty as a cornerstone of justice, preventive detention laws pose a significant challenge to this ideal by allowing the state to deprive individuals of their freedom without due process. In Bangladesh, laws such as the Special Powers Act of 1974, the Emergency Power Rules of 2007, and Article 33 of the Constitution have been widely criticized for their potential misuse in suppressing political opposition, stifling dissent, and violating human rights rather than serving legitimate security concerns.

This study explores the nature and justification of preventive detention, examines the constitutional and legal safeguards in Bangladesh, and evaluates the judicial remedies available to detainees. Employing a qualitative research methodology, the study utilizes content analysis to assess legal frameworks, judicial precedents, international human rights standards, and comparative practices from other jurisdictions. Through this analysis, the research highlights the inherent risks of preventive detention, including arbitrary arrests, prolonged incarceration without trial, and the facilitation of custodial torture.

The findings indicate that preventive detention laws in Bangladesh are often misapplied, raising serious concerns about due process and the rule of law. The study argues that the existing legal framework requires urgent reforms to prevent human rights abuses and ensure compliance with constitutional and international legal standards.

THE PROSPECT OF PROBATION AS AN ALTERNATIVE TO IMPRISONMENT IN BANGLADESH

Sheikh Sabbir Hasan — 2025-08-20

The aims of this study are to provide an overview of the prospect and application of the probation system in Bangladesh. It describes the study's scope, including the historical context in which it was done, the study's aims, and the research technique used to finish the research. This study shows the theory of punishment and its relevance with the idea of probation. It also describes the prison system including its necessity, conditions and loopholes focusing probation. This paper delineates the purpose and impact of alternatives to imprisonment mentioning several alternatives. It mainly addresses factors and offences regarding probations, probation officer’s activity and its status and applicability in Bangladesh. The discussion of legal framework both nationally and internationally governs probation also the matter of concern of this text. These studies outline some difficulties and suggest imperatives to develop the practice and idea of probation. The paper is based on review of documents, Journals and books identifying gaps between the law and practice.