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.

Legal procedure in roman law and its reflection in modern civil procedure

Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes – namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius`s Institutions and Justinian`s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. The course of the work the following methods were used: essential, comparative, general historical.

انحلال العلاقات الزوجية في المسيحية

انحلال العلاقات الزوجية في المسيحية The research aimed at showing how chirisnans come to end the marriage relation in the cases adopted by bases sects which are (Committing adultery and leaving religion), and how the religion council in cases in which divorce was achieved by special civil courts considering divorce as a legal procedure on which the marriage relation is ended.The research followed the historical method and analytic descriptive method. The most important reached reach by the research are: i. All parties do not consider it lawful by divorce except in limited restricted cases because this does not agree with the Christian marriage characteristics; hence it is considered a secured tie, basically unfastened except lay death. r. The couple has no right to end their marriage life by their individual desire or by their agreement together, as in Islam, as it is considered against the common principle and it is impossible to go against what is admitted by the parties sharia, and the lawful cases for the end of this relation cannot be expanded in its explanation or measure on it, as it goes against the principle. r. If the reason of divorce is from the women so, she loses everything ; the children the dots and the trousseau that she might have brought to their house, if she had got children which means that the children will remain with their father regardless to the wife who is guilty in their custody if they were underage.

Quintilian and the Law

How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.

Weapons in Legal Rituals: Between Myth and Reality

This article seeks to explore the significance of weapons in legal rituals mentioned in sources, such as sagas and laws. Similarities in the phrasing of various types of sources give reason to believe that it is possible to determine certain uses of weapons in Viking Age legal rituals. Such rituals, which shared essential features with legal procedure, consisted of sequences of activities involving phrasing, objects, and gestures to mark a transition from one legal status to another, and they could also convey, and act as preservers of, legal meaning. Examples show that oaths were sworn on weapons, and that they conferred legal validity at the assembly (vápnatak). Old Norse mythology explained and legitimised key values in society, and through it everyday people found a template for how to use weapons in legal rituals. Rituals are however dynamic, and hence the ritual objects may change over time. In the Viking Age weapons were objects laden with meaning, and it was probably the introduction of Christianity that led to them being banned from further use in legal ritual.

The Work of Craterus and the Documents in the Attic Orators and in the “Lives of the Ten Orators”

Summary This essay is divided into three parts. The first examines the documents about Antiphon in the “Lives of the Ten Orators” (Plut. X orat. 833d–834b), which have been attributed to the collection of Craterus, and shows that they must be forgeries because the information contained in them is inconsistent with reliable sources about Athenian laws and legal procedure and with the language and formulas of the preserved decrees of the fifth century and contains other serious mistakes. The second section examines the fragments of the work of Craterus and shows that all are Athenian decrees, most of which relate to imperial administration or to famous personalities and are dated to the period between roughly 480 and 410. None of the fragments of this work can be dated earlier or later than this period. The third section reviews the documents inserted into the texts of the speeches of Andocides, Aeschines and Demosthenes and shows that in the majority of cases the editors who inserted these documents into the text could not have used the work of Craterus either for the texts of the genuine documents or for the information contained in the forged documents. In the other cases there is no evidence indicating that these editors consulted his work, and it appears that those who composed these documents used other sources.

Combating Cyber Crime

The present paper has proposed a model to show that a synergy of technology and legal procedure can work as deterrent to cybercrime. The fraudulent activities the model considers are of two types. The first one is the case when the processed information gets diverted to reach someone else rather than reaching its targeted destination, thereby creating an incidence of data theft and hacking. The second one is a case of already hacked situation. The model has established that in the present-day context, synergic efforts of technology and legal provisioning can emerge as an effective option to ensure cyber security to some significant extent. The application of the proposed model in practical field is also illustrated with the analysis of a case of cybercrime.

Implementasi Pelaksanaan Eksekusi Jaminan Fidusia Berdasarkan Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Jaminan Fidusia (Studi Pada Koperasi Wahidiyah Ta’Awun Kepanjen Malang)

This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.

Adeia in Fifth-Century Athens

This article discusses the rationale of adeia (immunity) in the fifth-century Athenian legal system. It argues that adeia was designed to grant a temporary suspension of the effect of a law in exceptional circumstances without allowing for any permanent legal change. This article explores the origin of adeia and the relevant ideology underpinning the legal procedure. It provides a comprehensive reconstruction of the legal procedure and analyses the extensive use of adeia for collecting information during the investigation of the profanation of the Mysteries and the mutilation of the herms in 415 BC. This article also discusses the implications of the use of adeia for public investigation and emergency powers in Classical Athens.

What Testimony Does to Literature

This article sheds light on a literary practice that critics began to reflect upon in the twentieth century: witnessing. This genre, by adopting a narrative model based on statements of evidence presented in the courtroom, distinguishes itself from other forms of expression practiced by witnesses. Survivors of political violence take up their pens and describe the situation they have been subjected to, so as to attest to historical facts and prevent erasure of the event through forgetting, denial or negation. This enterprise, which seeks to document lived experience and thereby pay homage to victims who did not survive, constitutes both a source of evidence for legal procedure and a contribution to the writing of history. Witnessing, however literary it may be, is founded on a pact of veracity, in which witnesses are bound to relate no more than their own experience and to do so with precision. Finally, witness accounts are addressed to society at large or even to humanity as a whole, in the hope of emancipating it from such violence by raising awareness of its intolerable nature. Though witnessing still lacks legitimacy within the literary field, the link it establishes between ethical, aesthetic and political positions makes this genre exemplary of what literature is capable of.