r. hoque and m.m. khan 204 JUDICIAL ACTIVISM AND ISLAMIC FAMILY LAW: A SOCIO-LEGAL EVALUATION OF RECENT TRENDS IN BANGLADESH RIDWANUL HOQUE & MD. MORSHED MAHMUD KHAN * In fact, most authoritative jurists expressed their views as individual theoretical derivations and cautioned against codifying and implementing them as the only version of Sharia. Given this state of affairs, it is perfectly legitimate, indeed imperative, for modern Muslim jurists and scholars to construct an Islamic legal and ethical system that is appropriate for the present historical context of Islamic societies [An- Na’im 1994: 183]. Abstract This article critically examines instances of judicial activism in the field of Islamic family law in Bangladesh in an attempt to assess this judicial trend. Seeing ‘judicial activism’ mainly as an enlightened application of ijtih § d and also as society-specific application of statutes based on, or related to shar Ê# ah , we highlight the justice-ameliorative role of this concept. The authors argue that judicial activism has led to the amelioration of the status of women in Bangladesh as compared to a traditional construction of the shar Ê# ah, and that judges have adequate authority and legitimacy to develop Islamic family law to
Islamic Law and Society – Brill
Published: Jan 1, 2007
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