Law and Policy Review

Legal Personality of Rivers in Bangladesh and India

Umar Faruque Siddiki, Tamanna Aziz Tuli — Fri, 22 Nov 2024 11:02:13 +0000

The emerging scholarship of river personification, which envisions rivers as a subject of law, arguably leads to a theoretical and legal reconceptualisation of the predominant human–nature binary (Hutchison, 2014). This paper aims to delve into the theoretical underpinning of the legal personality of rivers in light of some recent judicial decisions declared by the courts in Bangladesh and India. The paper begins with a discussion of a judgement by the High Court Division of the Supreme Court of Bangladesh that has conferred legal personality to all the rivers in Bangladesh (Human Rights & Peace for Bangladesh vs Bangladesh, 2019). It then draws a comparative study with the decision of the Uttarakhand High Court on the legal personality of the rivers Ganges and Yamuna. Furthermore, the paper examines the current trend of personifying rivers to understand how this new trend initiates a different understanding of the river and contributes to shifting the rivers’ right paradigm from anthropocentrism to ecocentrism. The study critically engages with anthropocentrism and argues that a purely anthropocentric framework is insufficient to understand the issues facing rivers in Bangladesh today.

Inheritance Rights of Orphaned Grandchildren under Section 4 of Muslim Family Law Ordinance, 1961 and its Alternative Solutions

Haseeb Fatima — Tue, 19 Nov 2024 06:56:56 +0000

Islamic law of inheritance has extensively explained the entitlement and shares of different legal heirs in the estate of the deceased person. The shares of heirs are fixed and Allah Almighty knows its wisdom. Humans cannot meticulously comprehend its logic. For inheriting the share in the estate of propositus, the heir must be in nearer degree to the deceased person and must be alive at the time of the opening of the succession. However, heirs who are in distant relation to the deceased and also who are not alive upon the demise of the deceased are excluded from inheritance. In the classical law of inheritance, children of predeceased son/daughter (i.e., grandchildren) do not inherit any share from the estate of propositus if the direct children (sons or daughters) of the deceased are still alive. Therefore, for the protection of the inheritance rights of orphaned grandchildren, Section 4 of the Muslim Family Laws Ordinance 1961(hereinafter MFLO) was enacted. Section 4 grants a share to orphaned grandchildren under the principle of representational succession. This provision of law deviates from the traditional scheme of inheritance. Finally, in the case of Allah Rakha v. Federation of Pakistan (2000), the Federal Shariat Court declared it an un-Islamic provision of law. This article explores the place of orphaned grandchildren in the classical Islamic law of inheritance. It also examines the representational succession under Section 4 along with its different alternatives. This article concludes that Section 4 is a controvertible provision and its judicial construction is also multiplicate. Therefore, it is the responsibility of the state to devise welfare schemes for redressing the economic grievances of orphaned grandchildren.

Examining the Legality of Surrogacy in Pakistan: An Analytical Perspective of Islam

Tue, 10 Dec 2024 10:48:37 +0000

The practice of surrogacy is prevalent worldwide, but it has yet to gain recognition in Pakistan. This study aims to explore the potential for recognizing surrogacy in Pakistan, examining its current status and the reasons it has been largely ignored. As a country founded on Islamic ideology, the practice of surrogacy needs to be justified according to the injunctions of the Holy Quran and Sunnah. This study explores whether the traditions of surrogacy in Abrahamic religions provide any jurisprudential grounds for its implementation in Pakistan. It also discusses the impact of increasing practice of surrogacy in other jurisdictions on Pakistan’s legal system. To understand why there is lack of recognition and legislation regarding surrogacy in Pakistan, this study critically analyzes its societal and cultural acceptance in the context of Islamic society. It examines reasons why surrogacy is treated as a taboo in Pakistan’s parliament and judicial system. In order to thoroughly understand these issues this study examines how the legal system in Pakistan works and how the laws are created. It critically analyses the judicial precedents in Pakistan and briefly explains its legal system to fathom the perimeters how law is created and enforced.