Volume 1 Issue 1

cover-pageVolume 1 Issue 1 of BiLD Law Journal (ISSN 2518-6523)

October 2016

Topics: Islamic Jurisprudence, Human Rights, Constitution, Public Private Partnership, Environment.







A Brief Discussion on Business Transactions in Islamic Jurisprudence with a view to the Status of Riba

Mohammed Javed Mia

Abstract: Business or trading is permitted in Islamic laws. But the accounts and transactions have some rules and regulations prescribed by Islamic laws. The sole purpose of this article to discuss briefly about what type of business transactions are permitted and prohibited under Sharia law. Options and conditions in business dealings, transferring money, payment in advance and some other commercial terms are defined under Islamic jurisprudence. As riba (usury) is prohibited under Islamic laws, the controversy of defining usury will be interpreted in this paper. Islamic finance with the interpretation of usury has common dilemma. The rulings about loans, mortgage, partnership, etc. in Islamic laws will be discussed shortly. At the present time of global economy, the Muslim world has to cope with business and transactions under the rules and laws of Islamic jurisprudence.

Key Words: Islamic Jurisprudence, Business Transaction, Usury, Prohibited Trade, Sharia.

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Freedom of Expression and Utilitarianism: Variants of Constitutional Standards

Md. Moinuddin Kadir

Abstract: This Article is generally aimed at rediscovering the connection between the idea of utilitarianism and the right to freedom of expression. Herein, the history and criticism of utilitarianism and the notion of freedom within the theory is discussed. Freedom of expression, being the vital one to initialize the claims for other rights, is also given proper priority here. Freedom of expression, being a right to be associated with other parts of the society, need a fine line of control, which needs to be both precise and justified. Herein, utilitarianism is discussed with this specific right to have an idea on that justification.

Key Words: Freedom of expression, Democracy, Constitutional Standard, Utilitarianism, Totalitarianism.

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The Legal Regime of Public Private Partnership in Bangladesh: An Overview and Analysis

Riad Mahmud

Abstract: Infrastructure is the backbone of economic growth of a country. Export, import, supply of goods and energy depends on infrastructure. A country with a strong infrastructure attracts investment as the risk factors regarding business seems deductible. Infrastructural development itself requires investment. The Government of a country basically initiates the projects relating to the development. Mega scale projects require a huge amount of monetary investment as maximum of these projects generates income for a long period. The prospect of mega infrastructural development attracts entrepreneurs. Moreover, the huge monetary investment required for long term projects needs private investors as the Government may not always be able to bear the responsibility of the sole contributor. The concept of Private Public Partnership (PPP) originated to facilitate the infrastructural development of a country. This concept allows both the Public sector and the Private sector to work side by side as investors and contributors. Bangladesh has set up a goal to become a member of the second world country by 2021. The Government prepared its vision 2021 as a strategic paper and development of infrastructure through PPP is one of the top priorities. As a result, Bangladesh got its first PPP related legislation in 2015. This paper concentrates on the history, development and features of current PPP related laws and papers of Bangladesh.

Key Words: Infrastructure, Investment, Public Private Partnership, Contractual Models, PPP Act 2015.

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United Nations Guideline Principles on Business & Human Rights: A Probable Tutor for Companies to Trail the Human Rights Dogmas

Ayesha Saleh

Abstract: It’s true by anyway that in our beloved country we are trying our best to implement the human rights through each cornerstone; but somehow it lacks to some most influential sects like RMG or for the factory workers, i.e. labors. In this paper RMG is focused on because of random human rights defiance in the mentioned one; which is the most remittance producing zone. As businesses of Ready-Made Garments are growing faster throughout the country; these emphasize on human rights of the labors; our country is slightly reluctant to move for the implementation of human rights principles though it has power to do so within certain extent; whatever the reason of such redundancy, someone has to be the pioneer. To upright the human rights for the labors a major guideline can be followed by the respective authority that is United Nations Guiding Principles on Business and Human Rights (UNGPs). Since it has joined United Nations in September, 1974, for more than 40 years Bangladesh is coping with its mandate. In that consequence, for the betterment of this situation the said principles can be implemented as a tutor or mentor whatever we say; by focusing on the training of the personnel of different levels. Recent situation of this country is lodging for such a pathway, where it calls for a proper guardian. If the employers & managers can get trained up well, then some anomalies may draw up. This paper is also motivating the respective managerial to do so in an equipped methodology so that the human rights can’t be overwhelmed.

Key Words: United Nations Guiding Principles on Business and Human Rights, Labour Rights, Corporate Responsibilities, Redundancy, Human Rights Principles.

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Judging the Judges: The Role of Parliament in the Removal of Judges and Its Impact on the Judicial Independence

Imran Rashid

Abstract: The continuing debate in Bangladesh about chilling judicial independence gets new height soon after the Parliament amended the provisions of the Constitution relating to removal of Supreme Court Judges. Many jurists and other concerned have already expressed their fright in that issue. This article is an endeavour to amplify the acumen of the reader with regard to the inevitability of such an amendment and its impact on the judiciary. Is the judicial independence at stake? Can parliamentarians be eligible to grip such a massive authority? If we have answer to those questions, then depending on those answers we can say whether this amendment is for public interest and done in good faith or not. Again, judging a newly introduced procedure or to comment on that is not a very easy task to complete as we have no previous examples or findings on that particular issue to compare; so as for this amendment. Moreover, as the Act regarding the process of investigation and other requirements to remove a Judge from office is yet to be enacted; though the amendment has been passed by the Parliament, a legal lacuna still exists there. Unfortunately, we have to stride in the vagueness till the enactment of that legislation.

Key Words: Constitution, Judicial independence, Tenure of judges, Judicial accountability, Impeachment by Parliament.

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Replacing Traditional Brick Kiln, a Culprit of Air Pollution by Introducing Sustainable Green Brick Technology in Bangladesh

Khairul Islam Taj

Abstract: The present global movement is ensuring sustainable development in each and every country. This movement is a sole challenge against potential ecological threats like high carbon emission and deleterious impact on environment. Being a developing South- Asian country, the ambient air quality and environment gets deteriorated on account of abundant age-old brick fields. These traditional brick making industry emerges severe use of coal, firewood, grabbing of cropland, farmland, heavy loss of topsoil and unwanted air pollution. A large many brick fields do not have any environment impact assessment and permission from Ministry of Forest and Environment, Bangladesh. Despite the intermingled economic advantage of the old-fashioned brick fields, the threat towards environment particularly the air quality is highly daunting. Time and situation demand alteration or up gradation of such menacing brick making industry. Green Brick technology, being extensively popular in outer world, can be a perfect choice matching with our economic and environmental setup. This new technology is sustainable in nature, less harming, risk free, better in output and ecology conserving. United Nations Development Program, Bangladesh has initiated pilot projects in some rural areas of Dhaka city which produce positive outcome. Our legal framework also complies with this newest trend.         

Key Words: Traditional Brick Field, Environmental Threat, Sustainable Brick Technology, Air and Economic Impact, Legal Framework.

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NOWHERE TO CALL HOME: Statelessness and the Dilemma of Resolving Nationality Status

Md. Faizul Islam & M. Shaukatul Islam

Abstract: This article is about ordinary people, living all over the world, who have one extraordinary thing in common: they do not hold any nationality at all. They are The World’s Stateless.  Statelessness is based on the absence of legal relationship between an individual and a State and for many; statelessness brings real hardship, characterized by lack of ac­cess to a wide range of rights and services that others take for granted. In this spectacular article, we intend to discover the real scenario of the statelessness towards international community regarding the vulnerable and sensitive issues of Statelessness. And two separate, yet complimentary conventions aimed at addressing statelessness: the 1961 Convention on the Reduction of Statelessness and the 1954 Convention Relating to the Status of Stateless Persons are taken as the point of consideration as they are only specifically designed ‘legal regime’ to deal with the statelessness at the global level. An assessment is considered as to whether the conventions are adequately relevant, realistic and effective in meeting the goal of protection of individuals or, then again, whether they have become redundant in view of more recent developments in international (human rights) law. Thereafter, this work is profoundly designed for providing a basis for recommending improvements, whether this involves the further support, implementation and supervision of the existing Statelessness Conventions or the use of alternative or construction of new instruments. But the indistinguishable purpose of this article will be to raise the level of awareness of all those involved in the effort to address this fascinating issue as because awareness of the human impact of statelessness can offer motivation to ad­dress the phenomenon, as a better un­derstanding of the extent and scope of the problem might enables a more effective re­sponse. We focused first on the actual ways or reasons of statelessness – as the most favourable outcome – and later on the status or situation of those persons who nevertheless find themselves stateless.

Key Words: Statelessness, Right to nationality, Protection and reduction of stateless people.

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