Md. Mostafa Hosain has been teaching at School of Law, BRAC University as Assistant Professor. After his LL.B. from University of Dhaka, he pursued LL.M. and MPhil from South Asian University and was awarded SAARC Gold Medal for distinction in LL.M class. He has a PGD from Indian Society of International Law and has been a guest faculty there for some years. He has about a dozen of published book chapters and journal articles from reputed international and national publishing forums. He has delivered lectures in various universities and institutions in India, Nepal and Bangladesh. He is also an advocate at the Supreme Court of Bangladesh.
Shalish: a traditional dispute settlement mechanism to shrink the challenges of modern formal judicial system
"Shalish has been the traditional method of dispute resolution in Bangladesh. In spite of male domination and biasness, it remained popular among people till date for providing quick and balanced outcome. Conversely, the formal dispute settlement mechanisms formed during colonial era could not reach overwhelming acceptance across communities. Moreover, this system is overburdened with suits pending for many years and no possibility of resolving in near future. Hence, ensuring access to justice for all would be an illusion by the formal system alone. From this perspective and also considering overwhelming acceptance of Shalish, the author argues for wider inclusion of Shalish in the formal legal system of Bangladesh. Moreover, a large number of disputes are being resolved informally by the core traditional method far beyond the reach of formal system with least number being resolved under NGOs supervision. In this regard, the author suggest for bringing equilibrium of women and educated participation in the informal Shalish and striving for gradual recognition within the formal system. Finally, the author asserts that in ensuring access to justice for all, dispute settlement mechanism must endorse prevailed local cultures. In the context of Bangladesh, Shalish as deeply rooted within the rural societies from time immemorial, it is significant to concentrate on this in order to make the system acceptable to all which will consequently ensure access to justice for all."