Abdur Rahman & Associates

Abdur Rahman & Associates ⚖️ Abdur Rahman & Associates
Advocates & Legal Consultants
Justice | Integrity | Professional Excellence
📍 Bangladesh
📞 Legal Advice | Court Representation

01/06/2026

Celebrating my 1st year on Facebook. Thank you for your continuing support. I could never have made it without you. 🙏🤗🎉

21/03/2026

✍️ Opinion | Emergency healthcare must be a fundamental right in Bangladesh

In moments of crisis—when a life hangs in the balance—access to emergency healthcare should not depend on wealth, connections, or administrative efficiency. It should be a guaranteed right. Yet in Bangladesh, that guarantee remains uncertain, largely dependent on interpretation rather than explicit law.

⚖️ A right recognised globally—but not clearly at home

Across many countries, emergency healthcare is explicitly protected as a constitutional right.

Soobramoney v Minister of Health in South Africa clarified that emergency medical care is an immediate obligation of the state
Countries like Kenya, Zimbabwe, and Nepal have adopted similar frameworks

These systems recognise a simple truth:

👉 In emergencies, delay equals danger.

In contrast, Bangladesh relies on indirect protections through constitutional provisions like:

Constitution of Bangladesh Article 15
Constitution of Bangladesh Article 18

But due to Article 8(2), these are not directly enforceable in court.

👉 That creates a dangerous gap between principle and reality.

🚨 Reality check: System vs survival

The current healthcare system exposes this gap clearly:

Overcrowded hospitals
Informal payments
Socioeconomic discrimination
Delays in treatment

Without a clearly enforceable right, patients often face a harsh truth:

👉 Emergency care becomes a privilege, not a right.

Even though the Supreme Court of Bangladesh has interpreted the right to life to include healthcare in some cases, this approach has limitations:

It depends on judicial discretion
It lacks consistency
It cannot ensure systemic accountability
🏛️ Why constitutional recognition matters

Making emergency healthcare a fundamental right is not just symbolic—it has real impact:

✔ Clarifies state responsibility
✔ Strengthens legal enforcement
✔ Reduces ambiguity
✔ Forces accountability

It also shifts the burden:

👉 From citizens begging for care → to the state justifying denial

⚖️ Balance: Rights vs resources

Critics may argue that Bangladesh lacks the resources to guarantee such a right.

But global practice shows a balanced solution:

👉 Progressive realisation

This means:

Immediate care must be ensured in emergencies
Broader healthcare improvements can evolve gradually

This approach protects lives without ignoring economic reality.

📉 Lessons from COVID-19

The pandemic exposed one undeniable truth:

👉 Our system struggles most when it matters most

Patients were denied beds, oxygen, and urgent care—not because the need wasn’t recognised, but because the system lacked legal obligation and preparedness.

💬 Final thought

A constitution defines what a nation truly values.

If life is a fundamental right, then the means to save that life—especially in emergencies—must also be fundamental.

Bangladesh does not lack policy direction.
It lacks legal certainty and enforceability.

👉 It’s time to close that gap.

Because in an emergency, no one should have to ask:

“Will I get treatment?”

📌 Source

The Daily Star (Law & Our Rights)

🔖 Hashtags










21/03/2026

✍️ Opinion | Time to build an accountable Biman

Bangladesh’s national carrier, Biman Bangladesh Airlines, stands at a critical crossroads. What should have been a symbol of national pride is now facing serious questions—not just about efficiency, but about safety, integrity, and accountability.

⚠️ A crisis of trust: Pilot licence fraud

The revelation that senior pilots were operating with forged licences is not just an internal issue—it is a direct threat to passenger safety.

Let’s be clear:

👉 This is not a minor administrative error
👉 This is a systemic failure

Even more concerning is the response:

Investigation completed ✔
Evidence found ✔
Action taken ❌

Delays, excuses, and passing responsibility between Biman and Civil Aviation Authority of Bangladesh (CAAB) only deepen public distrust.

👉 If aviation safety is negotiable, then nothing is safe.

🛑 Accountability cannot wait

Allowing accused pilots to continue flying—especially one facing serious misconduct allegations—sends a dangerous message:

👉 “Operational convenience matters more than safety.”

This is unacceptable in any airline, let alone a national carrier.

Accountability delayed = accountability denied.

✈️ Bigger problem: Mismanagement and blind expansion

Beyond the licensing scandal, a deeper structural issue exists:

Expensive aircraft bought but underutilised
Massive debt burden
No clear route expansion strategy

Yet, plans are underway to purchase 14 new aircraft worth Tk 30,000–35,000 crore.

👉 The key question is simple:
Where is the plan?

Do we have enough trained pilots?
Do we have maintenance capacity?
Do we have profitable routes?

If not, this is not investment—it is financial risk disguised as growth.

💸 Public money, private opacity

The most troubling part? These purchases are backed by a sovereign guarantee.

👉 That means:
If Biman fails → the people of Bangladesh pay

And yet:

No transparent roadmap
No public debate
No accountability

👉 This is not how a national institution should operate.

🔍 What Biman must do now

To rebuild trust and ensure long-term sustainability:

✔ Take immediate action against licence fraud
✔ Ensure independent audit and regulatory oversight
✔ Publish a clear aircraft procurement and expansion plan
✔ Strengthen transparency at board level
✔ Prioritise safety over operational pressure

💬 Final thought

A national airline is more than a business—it is a reflection of a country’s standards.

Right now, Biman reflects uncertainty, opacity, and weak accountability.
But it doesn’t have to stay that way.

👉 With transparency, planning, and strict enforcement, Biman can still become a carrier Bangladesh can be proud of.

Because in aviation, there is one rule that cannot be compromised:

Safety first. Always.

📌 Source

The Daily Star (Editorial)

🔖 Hashtags










✍️ **Opinion | False cases are eroding justice—Bangladesh must act now**Justice is not just about punishing the guilty—i...
21/03/2026

✍️ **Opinion | False cases are eroding justice—Bangladesh must act now**

Justice is not just about punishing the guilty—it is equally about protecting the innocent. And when false cases begin to flood the legal system, justice itself becomes a casualty.

Recent reports on cases filed after the **July Uprising 2024** paint a deeply troubling picture. What should have been a process to ensure accountability for serious crimes has, in many instances, turned into a tool for harassment, revenge, and personal gain.

---

# # # ⚖️ When justice becomes a weapon

The most alarming issue is not just the number of cases—but **how they are being used**.

* Innocent people named without evidence
* Plaintiffs admitting they didn’t even know the accused
* Names inserted due to business disputes or personal conflicts
* Even deceased individuals listed as accused

👉 This is not justice.
👉 This is the **weaponisation of the legal system**.

---

# # # 🚨 The human cost of false accusations

Behind every false case is a real human story.

Take the example of an ordinary businessman—arrested from a hospital just after the birth of his child, spending over three months in jail for a crime he did not commit.

👉 This is not just a legal error.
👉 It is a **collapse of due process and human dignity**.

False cases don’t just waste time—they destroy:

* Reputations
* Families
* Livelihoods

---

# # # 🧩 A system under strain

With over **1,800 cases** filed and hundreds of names under dispute, the legal system is now facing a dangerous overload.

👉 The consequences are clear:

* Genuine victims may not get timely justice
* Courts become clogged with weak or fabricated cases
* Law enforcement credibility declines

When everything becomes a “case,” **nothing gets real justice**.

---

# # # 💰 Corruption: The silent enabler

Even more disturbing are allegations that:

* Money is being exchanged to remove names
* Syndicates may be influencing case filings

👉 If true, this turns justice into a marketplace—
where innocence or guilt depends not on evidence, but on **influence and money**.

---

# # # 🏛️ What must be done now

The government cannot afford delay.

✔ **Immediate review of all cases**
✔ **Remove innocent individuals without delay**
✔ **Punish those who filed false or malicious cases**
✔ Strengthen oversight on police and legal processes

👉 Justice delayed is bad.
👉 But justice distorted is even worse.

---

# # # 💬 Final thought

The July uprising demanded accountability. But accountability cannot come at the cost of fairness.

If innocent people continue to suffer under false accusations, the very purpose of justice is defeated.

👉 A system that cannot distinguish between the guilty and the innocent is not just broken—it is dangerous.

Bangladesh must act now. Because in the end,
**justice is only meaningful when it is both fair and true.**

---

# # # 📌 Source

The Daily Star (Editorial)

---

# # # 🔖 Hashtags










✍️ Opinion | Bangladesh never had a Habermas — and it showsBangladesh didn’t just miss a philosopher like Jürgen Haberma...
21/03/2026

✍️ Opinion | Bangladesh never had a Habermas — and it shows

Bangladesh didn’t just miss a philosopher like Jürgen Habermas — it missed an entire culture of honest public dialogue.

And today, that absence is painfully visible.

🧠 Why Habermas matters

Habermas wasn’t just an academic. He believed:

👉 A nation moves forward only when its people talk openly
👉 Truth comes from discussion, not authority
👉 Democracy depends on a strong public sphere

Germany faced its darkest chapter—the Holocaust—not just through laws, but through continuous public debate, reflection, and accountability.

🇧🇩 Bangladesh’s unfinished conversation

Bangladesh’s history—especially the Bangladesh Liberation War—is filled with trauma, sacrifice, and unresolved questions.

But unlike Germany:

There was no sustained national dialogue
No culture of collective moral reflection
No strong, independent public sphere

👉 As a result, history became politicised, not processed.

⚠️ The real problem: Silence over dialogue

The issue isn’t lack of intelligence or thinkers.

Bangladesh has:

Academics
Journalists
Analysts

But what it lacks is:
❌ A space where citizens can debate freely
❌ A culture where disagreement leads to understanding, not division

👉 Conversations are often:

Polarised
Controlled
Performative

Not truly deliberative.

🌍 What other countries did differently

Other nations faced painful pasts—but chose dialogue:

South Africa → Truth & Reconciliation
Rwanda → Community-based Gacaca courts
Argentina → Public reckoning with dictatorship

👉 They didn’t just punish or forget.
👉 They talked, listened, and reflected.

🧭 Why Bangladesh needs “a Habermas”

But here’s the twist:

👉 Bangladesh doesn’t need one Habermas.
👉 It needs many voices, many platforms.

A real solution means:

Independent media spaces
Civic education that teaches critical thinking
Public forums where citizens can speak without fear
Victim-led truth discussions
💬 The deeper truth

Without dialogue:

History stays unresolved
Politics stays toxic
Society stays divided

👉 Democracy becomes a system without soul

🔥 Final thought

Bangladesh’s biggest challenge is not economic, political, or even institutional.

👉 It is the inability to listen to itself.

Until people can:

Question
Debate
Reflect together

The country risks repeating the same mistakes—again and again.







#1971


✍️ Opinion | Education reform needs evidence, not assumptionsIn debates about education reform, strong opinions often do...
21/03/2026

✍️ Opinion | Education reform needs evidence, not assumptions

In debates about education reform, strong opinions often dominate—but as Shamsul Arifeen Khan Mamun rightly argues, opinions without evidence can lead policy in the wrong direction.

At the heart of this discussion is a simple but powerful idea:
👉 Education systems are too complex to be explained by one-dimensional assumptions.

📚 Private tutoring: problem or parallel system?

One common claim is that the rise of coaching centers reflects poor classroom teaching.
But evidence from countries like Singapore and South Korea suggests otherwise.

Even in top-performing systems, private tutoring thrives. Why?

High competition
Exam pressure
Desire for extra advantage

In Bangladesh, coaching is often not a replacement—but a supplement. Students turn to it for:

Exam strategies
Practice materials
Competitive preparation

👉 So blaming classroom teaching alone misses the bigger picture.

⚙️ The IPO model: too simple for reality?

The idea of analyzing education through an Input–Process–Output (IPO) model sounds logical:

Inputs → teachers, infrastructure
Process → teaching methods
Output → results

But real life isn’t that linear.

Research, including insights linked to James C. Coleman, shows that:

👉 Socioeconomic background often matters more than school inputs

Family environment, motivation, and social context play a huge role.
Ignoring these factors leads to oversimplified reforms that don’t work in practice.

🎓 Scholarship exams: barrier or motivation?

Another criticism is that scholarship exams create pressure.

But the reality is more nuanced:

They motivate high achievers
Provide financial support
Recognize talent, especially from modest backgrounds

👉 Removing them entirely may reduce incentives for excellence.

The better approach is not elimination—but improvement in implementation.

🔍 The real takeaway

Education reform is not about choosing one explanation over another.
It’s about understanding that:

Systems are complex
Outcomes have multiple causes
Policies need solid evidence

When reforms are based on assumptions, they risk being:
❌ Ineffective
❌ Misguided
❌ Unsustainable

But when they are evidence-based, they become:
✅ Targeted
✅ Practical
✅ Impactful

🧭 Final thought

👉 Good education policy is not built on what sounds right—it is built on what works.

And to know what works, we must rely on research, data, and real-world evidence, not just narratives.










✍️ Simple Legal Explanation | Kazi jurisdiction & marriage validity (Bangladesh)Your situation is actually quite common,...
21/03/2026

✍️ Simple Legal Explanation | Kazi jurisdiction & marriage validity (Bangladesh)

Your situation is actually quite common, and the good news is: your marriage is most likely still valid.

✅ 1. What makes a Muslim marriage valid?

Under Muslim law in Bangladesh, a Nikah is essentially a contract.
It becomes valid if these key conditions are fulfilled:

✔️ Proposal (Ijab) and acceptance (Qubul)
✔️ Free consent of both bride and groom
✔️ Presence of witnesses
✔️ Fixing of dower (Mahr)

👉 If these were properly done, your marriage is valid in Islamic law, regardless of who conducted it.

⚖️ 2. What is the role of a Kazi?

Under the
Muslim Marriage and Divorce (Registration) Act, 1974

a Kazi (Nikah Registrar) mainly:

Registers the marriage
Issues the Nikahnama
Keeps official records

👉 So, the Kazi’s role is administrative, not essential for validity.

❗ 3. What if the Kazi was outside his jurisdiction?
It is considered misconduct by the Kazi
He may face disciplinary action (license suspension, etc.)

But importantly:

👉 It does NOT invalidate your marriage

⚠️ 4. What about registration?
Marriage must be registered within 30 days
Not registering = punishable offence

However:

👉 Non-registration ≠ invalid marriage
👉 It just makes it harder to prove legally later

🧾 Final verdict

✔️ Your marriage is valid if Islamic conditions were fulfilled
❗ The Kazi may be at fault—not you
⚠️ Make sure your marriage is properly registered/documented

💡 Practical advice
Check if you have a valid Nikahnama
If not, register the marriage immediately
Keep copies for legal safety (inheritance, divorce, etc.)
🧭 Bottom line

👉 Validity comes from the contract (Nikah), not the Kazi’s jurisdiction
👉 Registration protects you legally—but does not create the marriage itself















🌙 Eid Mubarak! 🤍ঈদ মানে শুধু নতুন কাপড় নয়,ঈদ মানে—ক্ষমা, ভালোবাসা আর নতুন করে শুরু করার এক সুন্দর সুযোগ।এই পবিত্র দিনে আ...
20/03/2026

🌙 Eid Mubarak! 🤍

ঈদ মানে শুধু নতুন কাপড় নয়,
ঈদ মানে—ক্ষমা, ভালোবাসা আর নতুন করে শুরু করার এক সুন্দর সুযোগ।

এই পবিত্র দিনে আসুন—
✨ ভুলগুলো মাফ করি
✨ সম্পর্কগুলো ঠিক করি
✨ অসহায় মানুষের পাশে দাঁড়াই

আল্লাহ আমাদের সবার জীবন ভরে দিন শান্তি, রহমত ও বরকতে। 🤲

ঈদের আনন্দ ছড়িয়ে পড়ুক প্রতিটি ঘরে, প্রতিটি মনে।

🌟 Eid Mubarak to you and your family! 🌟

— Abdur Rahman & Associates

Legal Philosophy: Why the State Doesn’t Define Good and EvilThe article explains the relationship between law and morali...
14/03/2026

Legal Philosophy: Why the State Doesn’t Define Good and Evil

The article explains the relationship between law and morality and argues that the state cannot determine what is truly good or evil.

1. Law can be legal but still immoral

A government can pass a law through proper procedures, but that does not automatically make it morally right.
For example, if a law punished a minor act like spitting in public with death, it would technically be legal but morally unjust.
This shows that law and morality are not always the same.

2. What is morality?

Morality refers to universal and objective rules of right and wrong.
According to the author, these rules come from a “Divine Good” and are naturally embedded in human beings.

Examples of objectively wrong acts:

Killing an innocent person

R**e

Theft

These are wrong even if society tries to justify them.

3. Objective morality vs subjective opinion

Objective morality means moral truths exist independent of people’s opinions, just like mathematical truths.

Example:

“Ice cream melts in heat” → objective truth

“I like strawberry ice cream” → subjective opinion

Similarly, murder is objectively wrong, regardless of public opinion.

4. Majority agreement does not create moral truth

The article argues that consensus does not make something morally correct.

Example:

N**i Germany had social consensus supporting the Holocaust, yet it was morally wrong.

Therefore, public agreement cannot determine morality.

5. The problem with subjective morality

If morality is purely subjective:

Words like “good” and “bad” lose meaning.

Moral judgments become nothing more than personal preferences.

Philosopher Ian Markham explains that moral language implies something universal and beyond human invention.

6. Law should follow moral truth

The author argues that laws should be aligned with objective morality, not merely parliamentary decisions.

If the state itself defines morality, then any law it passes automatically becomes “right,” even if it is tyrannical.

7. Legal procedure vs moral purpose

Philosopher John Finnis argues that even if a law follows every legal procedure, it is not truly a law if it violates fundamental moral principles.

In that case, it becomes an act of force rather than justice.

8. The state does not create rights

According to the article:

Rights are not gifts from the government.

Governments only recognize and protect rights that already exist.

If rights were created by the state, the state could remove them whenever it wished.

9. The danger of majority tyranny

Democracy alone cannot guarantee justice.
A majority vote cannot transform something immoral into something moral.

Just as two plus two cannot become five by voting, moral truth cannot be decided by ballots.

Conclusion

The article concludes that true justice exists only when state laws align with objective moral truths.

In other words:

Law should follow moral truth, not create it.

The state gains legitimacy only when its laws reflect universal principles of justice that transcend human authority.

🚭⚖️ তামাক নিয়ন্ত্রণ আইনের ৬(গ) ধারা প্রশ্নে হাইকোর্টের রুলধূমপান ও তামাকজাত দ্রব্য ব্যবহার (নিয়ন্ত্রণ) আইনের ৬(গ) ধারা ক...
01/03/2026

🚭⚖️ তামাক নিয়ন্ত্রণ আইনের ৬(গ) ধারা প্রশ্নে হাইকোর্টের রুল

ধূমপান ও তামাকজাত দ্রব্য ব্যবহার (নিয়ন্ত্রণ) আইনের ৬(গ) ধারা কেন অসাংবিধানিক ঘোষণা করা হবে না—এ প্রশ্নে হাইকোর্ট রুল জারি করেছেন। রিটের প্রাথমিক শুনানির পর বিচারপতি আহমেদ সোহেল ও বিচারপতি ফাতেমা আনোয়ারের বেঞ্চ এই আদেশ দেন।

এই ৬(গ) ধারা মূলত ই-সিগারেট/ভ্যাপ, ই-লিকুইড, হিটেড টোব্যাকো প্রডাক্টস ও অন্যান্য “ইমার্জিং টোব্যাকো প্রডাক্টস”–এর উৎপাদন, আমদানি, রপ্তানি, সংরক্ষণ, বিজ্ঞাপন, বিপণন, বিতরণ, ক্রয়-বিক্রয়, পরিবহন—সবই নিষিদ্ধ করেছে। এমনকি ব্যবহারও নিষিদ্ধ। আইন ভঙ্গ করলে কারাদণ্ড ও অর্থদণ্ডের বিধান রয়েছে, পুনরায় করলে শাস্তি দ্বিগুণ হতে পারে। কোম্পানির ক্ষেত্রে শাস্তি আরও কঠোর, মালামাল জব্দ ও লাইসেন্স বাতিলের সুযোগও আছে।

এই বিধানের বৈধতা চ্যালেঞ্জ করে ই-সিগারেট/ভ্যাপ আমদানিকারক ও ব্যবসায়ীসহ ৪১ জন রিট করেছেন। তাঁদের বক্তব্য, ২০০৫ সালের মূল আইনে এসব পণ্যের ওপর এমন নিষেধাজ্ঞা ছিল না—অন্তর্বর্তী সরকারের সময় ২০২৫ সালের অধ্যাদেশের মাধ্যমে ৬(গ) ধারা যুক্ত হয়েছে। তাই এটি সংবিধানের মৌলিক অধিকার–সংক্রান্ত অনুচ্ছেদের পরিপন্থী কি না, সেটিই এখন আদালত জানতে চেয়েছেন।

এদিকে, অধ্যাদেশ জারির আগে বৈধভাবে আমদানি করা ভ্যাপ/ই-সিগারেট বাজেয়াপ্ত বা জব্দ না করতে হাইকোর্ট নির্দেশ দিয়েছেন।

📰 তথ্যসূত্র: প্রথম আলো (০২ মার্চ ২০২৬)

**e

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Dhaka University
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