Modern Law, Traditional ‘Shalish’ and Civil Society Activism in Bangladesh

  • Habibul Haque KhondkerEmail author
Part of the Boundaries of Religious Freedom: Regulating Religion in Diverse Societies book series (BOREFRRERE, volume 1)


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.


Civil Society Legal System Rural Woman Civil Society Organization Alternative Dispute Resolution 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.



I want to thank Ms Sharmin Akhter, Ms Nujhat Niaz and Ashiq Khondker for help in the research for this chapter.


  1. Alim, M. A., & Rafi, M. (2003). Shalish and the role of BRAC federation. Dhaka: Brac Research and Evaluation Division.Google Scholar
  2. Alim, S. F. (2011, February 7). Let Shariatpur tragedy be enough. The Daily Star.Google Scholar
  3. Chaudhury, R. H., & Ahmed, N. R. (1980). Female status in Bangladesh. Dhaka: Bangladesh Institute of Development Studies.Google Scholar
  4. Chowdhury, A. N. (1989). Let grassroots speak. Dhaka: The University Press Ltd.Google Scholar
  5. Coomuraswamy, R. (2005). Violence against women and ‘crimes of honour’. In L. Welchman & S. Hossain (Eds.), ‘Honour’: Crimes, paradigms and violence against women. London: Zed Books.Google Scholar
  6. Culprit at large as girl groans in pain. (2011, September 16). The Daily Star.
  7. Fatwa illegal, goes against constitution. (2011, March 3). The Daily Star.
  8. Government of Bangladesh. (1973). The Constitution of the People’s Republic of Bangladesh. Dhaka: Constituent Assembly of Bangladesh.Google Scholar
  9. Griffiths, J. (1986). What is legal pluralism? Journal of Legal Pluralism, 24, 1.CrossRefGoogle Scholar
  10. Hasle, L. (2003). Too poor for rights? Access to justice for poor women in Bangladesh. The Bangladesh Development Studies, 19(3/4), 99–136.Google Scholar
  11. Hooker, M. B. (1975). Legal pluralism: An introduction to colonial and neo-colonial laws. Oxford: Oxford University Press.Google Scholar
  12. Hossain, H. (1996). Introduction: Fatwas against women in Bangladesh. In M.-A. Helie Lucas & H. Kapoor (Eds.), Fatwas against women in Bangladesh. London: WLUML.Google Scholar
  13. Hossain, S. (2002). High Court Nails Fatwa. Interventions: The International Journal of Postcolonial Studies, 4(2), 220–223.CrossRefGoogle Scholar
  14. Kabir, N. (2004). De-secularizing Bangladesh? On the growing insecurity of its minority communities. In Ain O Salish Kendra (ASK) (Ed.), Human rights in Bangladesh 2003. Dhaka: ASK.Google Scholar
  15. Khan, T. (2011, March 4). When justice kills. The Daily Star.Google Scholar
  16. Khondker, H. H. (2010). The curious case of secularism in Bangladesh: What is the relevance for the Muslim majority democracies? Totalitarian Movements and Political Religions, 11(2), 185–201.CrossRefGoogle Scholar
  17. Merry, S. (1988). Legal pluralism. Law and Society Review, 22(5), 869–901.CrossRefGoogle Scholar
  18. Moore, S. (1973). Law and social change: The semi-autonomous social field as an appropriate subject of study. Law and Society Review, 7, 719–746.CrossRefGoogle Scholar
  19. Nobles, R., & Schiff, D. (2006). A sociology of jurisprudence. Oxford/Portland: Hart Publishing.Google Scholar
  20. Penal Reform International. (2003). Alternative dispute resolution, Paris, 16 p.Google Scholar
  21. Riaz, A. (2005). Traditional institutions as tools of political Islam in Bangladesh. Journal of Asian and African Studies, 40(3), 171–196.CrossRefGoogle Scholar
  22. Saleheen, N. (2012, February 10). An evaluation of laws for protecting the women. The Daily Star. Google Scholar
  23. Sheldrick, B. (2004). Perils and possibilities: Social activism and the law. Halifax: Fernwood Publishing.Google Scholar
  24. Siddiqi, D. (2003). Paving the way to justice: The experience of Nagorik Uddyog, Bangladesh. One World Action.
  25. Siddiqi, D. (2006). In the name of Islam? Gender, politics and women’s rights in Bangladesh. Harvard Asia Quarterly, 10(Winter), 4–14.Google Scholar
  26. Smart, C. (1989). Feminism and the power of law. New York: Routledge.CrossRefGoogle Scholar
  27. Sobhan, S. (1978). The legal status of women in Bangladesh. Dhaka: The Bangladesh Institute of Law and International Affairs.Google Scholar
  28. Stone, J. (1966). Law and the social sciences in the second half century. Minneapolis: University of Minnesota Press.Google Scholar
  29. Teubner, G. (1992). The two faces of legal pluralism. Cardozo Law Review, 13, 1443–1462.Google Scholar
  30. Urmee, F. (2011, October 11). A champion of the disempowered. The Star Report. The Daily Star.Google Scholar

Copyright information

© Springer International Publishing Switzerland 2015

Authors and Affiliations

  1. 1.Zayed UniversityAbu DhabiUnited Arab Emirates

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