The Right of Pre-emption in Personal and Statutory Laws: A Comparative Legal Analysis of Bangladesh and India
Mst. Ayesha Siddika, Assistant Professor, Department of Law, University of Information Technology and Sciences (UITS), Dhaka, Bangladesh.
Rubana Saila, Lecturer, Department of Law, University of Information Technology and Sciences (UITS), Dhaka, Bangladesh.
Md. Nasim Khandoker, Student, LL.M.(UMSAILS), University of Asia Pacific (UAP), Dhaka, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18055203 | Page 01 to 15
Abstract
The right of pre-emption represents an important yet controversial legal doctrine that allows a person to acquire property in preference to others upon the occurrence of a sale. Rooted in Islamic jurisprudence and later incorporated into statutory regimes, this right occupies a unique position in the property law framework of South Asia. In both Bangladesh and India, the doctrine survives through a complex interaction between personal laws and statutory enactments. This paper undertakes a comparative legal analysis of the right of pre-emption under personal and statutory laws in Bangladesh and India. It examines the historical foundations, conceptual justifications, procedural requirements, judicial interpretations, and contemporary relevance of pre-emption in both jurisdictions. The study finds that while Bangladesh continues to recognize pre-emption primarily through Islamic personal law and limited statutory support, India has moved largely toward statutory regulation with diminishing reliance on personal law. The paper also highlights constitutional challenges, policy debates, and reform needs surrounding this doctrine in modern property transactions.
Keywords: Right of Pre-emption, Property Law, Muslim Personal Law, Statutory Law, Bangladesh, India, Comparative Legal Analysis.
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HOW TO HARNESS THE JURIDICAL EFFICACY OF DISSENTING JUDGMENTS OF MULTIPLE PANEL APPELLATE COURTS IN NIGERIA
PROF OBIARAERI, N. O., FACULTY OF LAW, IMO STATE UNIVERSITY, OWERRI, NIGERIA.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/18030809 | Page 01 to 12
Abstract
Contrary to lay thinking, “dissenting judgments” are not utterly useless in the adjudicatory ecosystem in Nigeria. To provide clarity on the importance of dissenting judgments, this paper analysed the composition and mode of operation of the “Supreme Court” and “Court of Appeal” as multiple panel appellate Courts. The paper established that by law, their composition requires that these Courts must sit in panels and that where there is a split decision, the decision of the majority holds sway. The paper further established that a minority judgment of the Court of Appeal may be upheld at the Supreme Court after quashing the majority judgment of the Court of Appeal. However, the “minority judgment of the Supreme Court” remains not binding in perpetuity and it is no use relying on them or citing them as binding precedents in lower Courts. However, to harness the jurisprudential efficacy of dissenting judgments, it was recommended that the legislature should be reactive to issues raised in dissenting judgments so that in deserving cases, they are used to either amend, abrogate or enact new laws to suit the concerns raised therein for the progressive development of the law.
Keywords- dissenting, judgment, majority, minority, panel.
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Political Movements and Political-Legal Thought in Central Asia in the Middle Ages
Behbudov Gahraman Novruz oglu Ph. D, Associate Professor, Nakhchivan State University.
Mammadov Shukur Alos Ph. D, Associate Professor, Nakhchivan State University.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17994558 | Page 01 to 13
Abstract
Central Asia has long served as a stage for resilience and socio-political struggle among Turkic peoples. In the early Middle Ages, the Muqannaʿ uprising dealt a significant blow to Arab rule, destabilized the Caliphate, and contributed to dynastic changes. Centuries later, the Sarbadar movement temporarily ended Mongol domination and briefly realized the long-sought ideal of a “people’s state” envisioned by many intellectuals. Central Asian Turkic scholars made invaluable contributions to the history of science and political thought during the Middle Ages, significantly influencing the region’s intellectual and cultural development.
Keywords: Central Asia, Muqannaʿ, Sarbadars, Middle Ages, Islam, Renaissance, Al-Farabi, Ibn Sina (Avicenna), Feudalism, People
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“Public law Compensation as a Remedy under Constitutional Tort Law in Bangladesh”
Abid Hossain Daiyan, Apprentice Lawyer, District and Sessions Judge Court, Dhaka, Bangladesh. LL.M. Candidate (Master of Laws), North South University, Dhaka, Bangladesh.
Mir Mohammad Mohi Uddin Rafi, Legal Professional and Independent Legal Researcher; LL.B., LL.M. (International Law), East West University, Dhaka, Bangladesh.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17960720 | Page 01 to 33
Abstract
Constitutional Tort Law is significant for protecting the rights of citizens, it allows citizens to take necessary action against the government or stakeholders if they violate their fundamental rights. Article 102 (1) of the Constitution of Bangladesh used the word “appropriate” by analyzing this word compensation as a remedy granted under the Constitution of Bangladesh. The distinct framework of the constitution regulates the connection between the state and its population. According to the research, several challenges still need to be addressed. These include people’s lack of awareness of their legal rights and alternatives of action, as well as the vagueness surrounding the application of the constitutional tort theory. By shedding light on the legal framework that is essential in determining how citizens interact with their state’s constitutional tort laws, this study aims to address this query. Furthermore, by guaranteeing compensation as a remedy, it will be an invaluable tool for scholars, policymakers, and lawyers seeking to understand how to better uphold the rule of law and the rights of the people within Bangladesh’s legal systems. There are primary and secondary data in this qualitative study. The author of this paper has concentrated on precedent-setting court rulings and formal print media. The study will end with specific discoveries where more research is needed, as well as some recommendations for the adoption of newly codified laws or regulations.
Keywords: Compensation, Constitutional Tort Law, Tort, Constitution, Bangladesh.
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THE ROLES OF RELIGIOUS ADHERENTS ON POLITICAL MATTERS IN WEST AFRICA
Violet Chinelo JimmyAbel, Post Graduate Student (PhD) at the Nigerian Baptist Theological Seminary, Ogbomoso.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17922932 | Page 01 to 29
Abstract
The political situation in African nations is at a deplorable state and needs urgent and serious attention. Politicians and government officials often prioritize their own interests over those of the masses, failing to fulfill their campaign promises. To salvage the deplorable state of the nation, religious adherents should participate actively in politics and political matters to bring about lasting solutions in African politics. The following ways have been identified as possible curative approaches to bad governance: Anti-corruption campaign; Christians becoming Godly Mediators, Practical enhancement, Education and training for persons that wish to contest for any political position in their specified post of interest, Dialogue and positive advice to Government officials, and Becoming agents of positive change. Few West African nations are discussed, and more emphasis is given to Christians in this write-up.
Keywords: Religion, Politics, African Situations, Religious Adherents’ Roles.
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Management of English Language Teaching Activities Through a STEMBased Instructional Model
Bui Thi Nga, President, English Teacher, Tam Thanh Secondary School, Ninh Binh Province, Vietnam.
Nguyen Minh Thien, Faculty of Foreign Languages, Nguyen Tat Thanh University, Ho Chi Minh city, Vietnam.
Pham Quang Ngoc, Faculty of Foreign Languages, Ho Chi Minh University of Industry and Trade, Ho Chi Minh city, Vietnam.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17922801 | Page 01 to 19
Abstract
This study investigates the management and implementation of English language teaching (ELT) activities through a STEM-based instructional model and examines its impact on students’ linguistic development, engagement, and higher-order thinking skills. Using a mixed-methods embedded case study design, data were collected from 120 students through surveys and learning outcome assessments, and from teachers and administrators through interviews and classroom observations. Quantitative findings revealed significant improvement in students’ technical vocabulary acquisition, speaking fluency, reading comprehension of STEM-related texts, and collaborative problem-solving performance following the integration of STEM activities into English lessons. Survey responses also indicated strong student agreement regarding increased motivation, confidence, and enjoyment during STEM-enhanced learning. Qualitative data supported these findings, highlighting that authentic problem-solving contexts and technology-driven tasks encouraged natural language use and improved learner autonomy. However, teachers noted challenges including increased preparation time, training needs, and the requirement for coordinated curriculum planning. The results suggest that STEM-integrated ELT is pedagogically valuable and aligns with constructivist and CLIL frameworks, but its sustainability depends on institutional support, effective management, and targeted professional development. The study contributes evidence to support innovative interdisciplinary approaches in language education, particularly within contexts undergoing digital and curricular transformation.
Keywords: STEM, English language teaching (ELT), CLIL, instructional management, learner engagement, language learning outcomes, 21st-century skills, educational innovation.
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ACCENTUATING THE PARADIGM SHIFT IN THE LEGAL PROCEDURE FOR CHANGE OF NAME(S) OR CORRECTION OF DISCREPANCIES IN NAME(S) IN NIGERIA
PROF OBIARAERI, N. O., FACULTY OF LAW, IMO STATE UNIVERSITY, OWERRI, NIGERIA
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17922634 | Page 01 to 09
Abstract
In Nigeria, the usual practice for change of names or reconciling discrepancies in document is for the affected person to either depose to an affidavit in Court or take out newspaper publication signaling change of name. These procedures were taken to be legally effective until recent judicial decisions to the contrary. In order to illuminate this paradigm shift, and for proper guidance of members of the public, this paper analysed judicial decisions on the issue. It established that the only legally binding format for name change or clarification of discrepancies in certificates is through a duly gazetted deed poll. The paper also found out that once this procedure is adopted, the legal efficacy kicks in and the Courts will seldom question the validity of the contents of the deed poll. To avoid deed poll being subjected to abuse and eventually used as instrument of perpetrating fraud and misrepresentation by a person bearing multiple names, it was recommended that publication in a newspaper that circulates nationwide should be a condition precedent attached to change of name contained in the deed poll before it is gazetted.
Keywords: advert, affidavit, deed, discrepancies, poll.
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Rethinking Mediation as a Viable Alternative Dispute Resolution Mechanism in Effective Conflict Management
Amos Ojo Adedeji, Ph. D, Centre for Peace and Strategic Studies, University of Ilorin, Ilorin, Nigeria.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17837138 | Page 01 to 21
Abstract
The realm of Alternative Dispute Resolution has expanded dramatically due the setback court system brought justice to delivery across the globe. The study examined mediation as a viable alternative dispute resolution mechanism in effective conflict management. The work adopted a change management theory as its theoretical structure. A descriptive method of research was adopted to carry out the task of the paper. Hence, data gathering is limited to secondary sources. The study found that mediation has become an efficient process of resolving disputes with almost maximum record of success due to its compassionate disposition, satisfactory decision, legitimacy, and cooperative tenet among others. Despite its overwhelming merits over litigation, a number of flaws among perception of favouritism, inadequate training, lack of precedent, and uncertainty outcome were identified by the work. The study concluded that reawakening of mediation process as a means of conflict resolution was to assist in identifying and healing the inadequate court system. The study recommended general awareness of the principle of mediation to dispel perception of favouritism, effective and constant training of mediators, documentation of cases handled by mediation center and binding mediation process. Greater publicity the existence and activities of mediation process is also pivotal.
Keywords: Alternative Dispute Resolution, Conflict Resolution, Justice Delivery, Litigation, Mediation.
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IMPACT OF URBANIZATION ON INDIGENOUS CULTURES IN PLATEAU STATE, NIGERIA
Stephen Onimisi Ajinomoh, Department of General Studies, Federal Polytechnic N’yak Shendam, Plateau State.
Stephen Chinmuk Damulak, Department of Public Administration, Federal Polytechnic N’yak Shendam, Plateau State.
MSI Journal of Arts, Law and Justice (MSIJALJ) | DOI https://zenodo.org/records/17777663 | Page 01 to 19
Abstract
This study examined the impact of urbanization on indigenous cultures in Plateau State, Nigeria. It proceeded on the assumption that while it is true that the originality of indigenous cultures is being threatened, urbanization remains contemporary reality and a vital part of modern life. Literature reviews have captured these dilemmas in places like Lagos, Abuja, Kano, and Kaduna. Using a descriptive survey of 150 participants drawn from four Local Government Areas—Jos South, Mangu, Shendam and Langtang North—this research investigated how urbanization, popular culture, education, and media influence indigenous identity and cultural practices. Chi-square and descriptive analyses revealed that urbanization significantly affects traditional participation (χ²(2, N=150)=12.67, p<0.05), popular culture reshapes identity (χ²(2, N=150)=14.52, p<0.05), and education and media contribute to cultural assimilation (χ²(2, N=150)=10.84, p<0.05). The findings indicate that modernization fosters development but also threatens the preservation of indigenous heritage. Recommendations were made to balance urban growth with cultural preservation through education, media, and policy reforms.
Keywords: Acculturation, Culture, Education, Indigenous, Media, Urbanization
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