PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW

Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.

STATUS ANAK LUAR NIKAH (Judicial Activism Mahkamah Konstitusi dalam Putusan Nomor 46/PUU-VII/2010 Perspektif Mashlahah Izzuddin bin Abdissalam)

Terbitnya putusan Mahkamah Konstitusi (MK) Nomor 46/PUU-VII/2010 menimbulkan polemik hukum, khususnya dalam pemikiran hukum Islam. Berbagai macam dukungan menyeruak ke permukaan, namun tidak sedikit pula kecaman dari kalangan ahli. Bahkan Majelis Ulama Indonesia (MUI) turut memberikan kritik tajam dengan mengeluarkan fatwa Nomor 12 Tahun 2012 sebagai respon atas putusan tersebut. Hal ini karena Mahkamah Konstitusi (MK) dianggap membuat hukum syariah sendiri dan melampaui kapasitasnya dengan melegalkan nasab anak yang lahir dari hubungan luar nikah kepada orang tua biologisnya. Berangkat dari persoalan di atas, maka penulis ingin menelaah kembali putusan Mahkamah Konstitusi (MK) Nomor 46/PUU-VII/2010 dengan menggunakan pisau analisis teori mashlahah Izzuddin Bin Abdissalam. Penelitian ini adalah penelitian hukum Islam normatif dengan menggunakan metode penelitian literer (library research). Karena itu, penulis hendak menelaah putusan Mahkamah Konstitusi (MK) putusan Nomor 46/PUU-VII/2010 tentang status anak di luar nikah dengan kacamata teori mashlahah Izzuddin bin Abdissalam. Adapun hasil penelitian ini, yaitu: Pertama, putusan Mahkamah Konstitusi (MK) mengandung mashlahah, utamanya bagi nasib dan masa depan seorang anak sebagai korban hubungan di luar nikah. Kedua, Putusan Mahkamah Konstitusi (MK) dalam tinjauan teori mashlahah -Izzuddin bin Abdissalam- merupakan mashlahah majazi (faktor pendorong) terwujudnya mashlahah haqiqiyyah (kebahagiaan bagi anak).

JUDICIAL ACTIVISM IN INDIAN DEMOCRACY

Judicial Activism is a powerful weapon, which the judges have to wield to Sub serves the ends of justice by making the law responsive to the felt necessities of the changing times. The scope of judicial activism varies with the courts power of Judicial Review. The judicial activism is use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. Supreme Court despite its constitutional Limitation has come up with flying colors as a champion of justice in the true sense of The word .JUSTICE…this seven letter word is one of the most debated one sin the entire English dictionary. With the entire world population being linked to it, there is no doubt about the fact that with changing tongues the definition does change. The judicial activism has touched almost every aspect of life in India to do positive justice and in the process has gone beyond, what is prescribed by law or written in black and white. This article covers definition, Theories of judicial activism, development of Judicial Activism in India, Judicial Activism in various periods.

ATIVISMO JUDICIAL E SUAS MÚLTIPLAS DEFINIÇÕES

O tema do ativismo judicial tem crescido cada dia mais no Brasil, não sendo poucos os trabalhos acadêmicos já existentes, mas também não tanto em volume. O estudo pretende demonstrar a existência do já iniciado debate em solo brasileiro, tendo como objeto a perquirição de qual o melhor conceito para saber da utilidade, ou não, da serventia da expressão. Não esquecem os autores da análise na literatura estrangeira, em especial a estadunidense, berço da criação da expressão judicial activism.

Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

Pro-Constitutional Interpretation of Statutes. A Few Remarks Related to the Dispute about Judicial Activism

The article presents an opinion in the discussion on the limits of judicial activism. The active attitude of judges in the law-making process according to the so-called concept of ‘pro-constitutional interpretation of the law’ can be observed more and more often. While we may agree with the view that the role of a judge is to pronounce a fair verdict based on the applicable law and judges may give meaning to statutory provisions supplemented with an axiology of the Constitution, the problem appears with particular sharpness when such a pro-constitutional interpretation leads to a specific application of the provisions contra legem.

4. The European Courts: composition, functions, jurisdiction; preliminary rulings

This chapter discusses the composition, functions and jurisdiction of the European Courts. It discusses indirect actions (preliminary rulings) and direct actions, i.e. actions brought by or against the European Institutions and the Member States, and between the Member States. The Courts are the CJEU, which includes the Court of Justice, the General Court, and specialised courts. The chapter explains the role of the Advocate General (AG), and further discusses rules of procedure, judicial activism, preliminary rulings, the jurisdiction of national courts, discretionary and mandatory references, when national courts should refer, interim measures, effect of preliminary rulings, and the future of preliminary rulings. The chapter also explains the role of the EFTA Court.