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A public nuisance is an act or an illegal omission (unlawful refraining from doing an act)—

•which causes to the public or persons living in the vicinity or occupying the property in the vicinity — any common injury, danger or nuisance; or
•Which necessarily causes injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A person who does any of the above acts shall be guilty of public nuisance, as a public nuisance is a punishable offence.

• Making any obscene noise, gesture or remark or exhibiting any object intended to dishonour, insult or disturb the modesty of a woman or trespassing in the privacy of that woman.[Punishment with imprisonment for 1 year or with fine, or with both.]

•Committing any obscene act in any public place or causing public annoyance by singing, reciting or uttering any obscene. [Punishment 3 months imprisonment or fine]

•Willingly or unlawfully or negligently or knowingly doing any act which is dangerous to the life of any person or which may spread the infection of any
disease. [May be punished with imprisonment up to 6 months or with a fine, or with both.]

• Causing bodily harm or unpleasant noise or noise to the public in carrying on lawful business.

• Urinating in places used by the public/ building houses on road sections/ slaughtering animals on roads/ turning houses into dens of gamblers.
[Punishment 6 months imprisonment or fine]

•Behaving indecently or disorderly in society. (Punishment with imprisonment for 3 months or fine of Tk. 500 or both)

• Behaving indecently with neighbours or harassing them. [Can jail up to 2 years if the charge is proved.]

•Littering or spitting in the house which lands on the neighbour or causes difficulty in movement. [A minimum fine of 100 to 3000 Tk., and
imprisonment may also be imposed.]

•Washing and bathing on the street or in any public place. [Can be fined from a minimum of 100 to 3000 Tk., and can also be jailed.]

• Misbehaving or harassing neighbours. [If the charge is proven, can be imprisoned for up to 2 years.]

• Entering Neighbors’ houses from time to time without permission. [A minimum fine of 100 to 3000 Tk., and imprisonment may also be imposed.]

•Leaving any domestic animal on the road or placing any poster or advertisement on the building of a Neighbour’s house. [The fine can range from a minimum of 100 to 3000 Tk., and may also be imprisoned.]

Depending on the type of public nuisance you are/have been subjected to, you can seek remedies as follows—

• In case of vehicular public nuisance: If a person drives any vehicle in such a manner that human life is endangered or there is a possibility of causing damage or injury to any person, then the Metropolitan Magistrate/Magistrate can file a case against that person in the Court of Magistrate.

•In case of public nuisance due to the environment: If any person does any work which harms the environment and public health, a complaint can be lodged
with the police station/magistrate.

• In case of public nuisance caused by noise pollution: If any person causes a public nuisance by noise pollution, report against that person to the nearest police as every police officer must prevent such public nuisance as per section 15(c) of Dhaka Metropolitan Police Ordinance 1976.

• In case of public nuisance caused by inflammable or explosive substance: Any person negligently uses any inflammable or explosive substance in such a way as to endanger human life or cause injury/harm, then a complaint can be lodged with the police station/magistrate against such person.

Muslim Family Law: Marriage & Stipulation

  • Offer;
  • Acceptance; &
  • Presence of witnesses.

The proposal and acceptance of a Muslim marriage should be made clear and in this case, the independent consent of both parties is essential. It should be remembered that without independent consent, Muslim marriage is not valid.

It is an essential condition for the validity of a marriage. Secret marriages without witnesses are unconditionally forbidden in Islam because they are like adultery.

 Narrated by Abu;z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman. He said: “This is a secret marriage and I do not permit it” [Muwatta Malik, Book no 28, Hadith 1120]

  • Consent: Both parties must have clear consent;
  • Competence: Both parties must be of sound mind and must be capable to marry according to Muslim family law;
  • Age of marriage: 21 years for men and 18 years for women. [Section, 2(3), Child Marriage Restraint Act, 2017]
  • Marriage registration: Marriage solemnized under Muslim law shall be registered. [Section 3, Muslim Marriages and Divorces (Registration) Act 1974]


  • Mutual Rights and Obligations
  • Rights of the Husband and Duties of the Wife
  • Rights of the Wife and Duties of the Husband


The mutual rights and obligations that result from a valid Muslim marriage are:

  • Sexual rights;
  • The legitimacy of children;
  • Marital fidelity and trustworthiness;
  • Right to inheritance;
  • No merge of personality;
  • Other matrimonial conditions.

The legal rights of the husband are:

  • To control the wife’s movement;
  • To seek the restitution of conjugal rights;
  • The duties of the wife are;
  • To be obedient to husband;
  • To live and stay with husband;
  • To accompany the husband on travel {However, the wife may refuse to accompany him on legal and reasonable grounds}.

The legal rights of the wife are:

  • To visit her parents;
  • To receive dower and maintenance;
  • To seek the restitution of conjugal rights;

The duties of the husband are:

  • To provide adequate housing within affordable means;
  • To fulfil the financial obligations {This includes food, water, clothing and
    other basic needs}


  • Sexual Rights: Sexual right is not a unilateral right of the husband; rather a mutual right.
  • The legitimacy of Children: Any child born during a valid marriage is a legitimate child. This is an important issue in Muslim Family Law.
  • Marital fidelity and trustworthiness: Both husband and wife must maintain marital fidelity, and they both should not do anything that goes
    against marital trustworthiness.
  • Right to inheritance: During the continuance of marriage, if either the husband or wife dies, then the other acquires the right to get property by
  • No merge of personality: In Muslim law, both husband and wife maintain an individual full legal personality even after the marriage.
  • Other matrimonial conditions: The terms inserted in the marriage deed by the party at the time of marriage will be binding on them. (e.g., If it is inserted in the contract of marriage that the husband would allow the wife to pursue her higher studies after the marriage, then the husband cannot bind the wife to do the contrary.)
  • Obedience of the wife: The wife must be obedient to the husband. On the point of the degree of obedience, classical and modern jurists have different


  • Living with the husband: It is a legal obligation of a wife to live with her husband. The wife may only deny residing with her husband if he has not paid a prompt dower on her demand.

  •  Power to control wife’s movement: The husband has the right to control his wife’s movements. Therefore, the wife has to get permission from her husband to go outside.

  • Wife’s responsibilities regarding household chores: A wife does not have any legal obligation to do household activities. However, the work distribution in a family is a matter of mutual understanding between husband and wife.

  • Financial obligation: The husband is obliged to bear all the financial responsibilities of the marriage unilaterally. The husband is responsible for
    providing his wife with the dower, maintenance, food, shelter and other relevant assistance.

  • Visiting the wife’s parents: The husband is bound to allow his wife to visit her parents at reasonable intervals. A wife can go to her parents even if it disregards the husband’s restriction to go there.

Parents cannot force their son/daughter to marry someone whom they do not want to marry, as the Prophet Muhammad (PBUH) said: “A woman who has been married before should not be given in marriage except after consulting her, and a virgin should not be given in marriage except after her
permission.” [Sahih al-Bukhari 5136]

  • The marriage registrar will register the marriage at once, where he performs the marriage formalities himself.
  • In other cases, the bridegroom shall report it to the concerned Nikah Registrar within thirty days from the date of the Marriage, and the Nikah Registrar shall register the marriage at once.

Non-registration of a Muslim marriage is a punishable offence. In this case, the person responsible will be sentenced to two years of general imprisonment
or a fine of up to 3000 Tk. or both. [The Muslim Marriages and Divorces (Registration) Act, 1974, section 5]

No! Muslim marriage registration is a statutory obligation, a violation of which is a punishable offence.

Muslim Family Law: Mahr/Dower

It is a strict financial obligation prescribed by Shariah, for which the husband is obliged to pay a dower to his wife as a result of marriage.

Dower is the personal right of the wife. She is the sole owner of the property/money given as dower, over which No one else has any legal right
over it.

“And give to the women (whom you marry) their mahr as a gift with a good
heart…” [al-Nisaa’ 4:4]


The wife’s right to claim the dower is fully established just after the completion of the marriage.

The dower is payable even if the dower is not mentioned in the deed of marriage. As the dower is a shariah obligation upon the husband that arises as a consequence of marriage, and such rights and obligations are not solely determined by the agreement of the parties.

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