Shafiqur Rahman: The curious case of a self-proclaimed opposition leader
What might sound innovative at first glance raises serious constitutional and political questions
At first glance, the proposal sounds unusual, if not outright bizarre.
Shafiqur Rahman, the ameer of Bangladesh Jamaat-e-Islami, who has been unilaterally styling himself as the "Leader of the Opposition", has written to Foreign Minister Khalilur Rahman requesting that his foreign affairs adviser, Mohammad Mahmudul Hasan, be appointed to the foreign ministry with the status of a minister.
In a letter dated 22 February, the Jamaat chief came up with the "innovative idea". According to reports by Prothom Alo and Channel 24, he argued that placing an opposition representative in the ministry would allow the opposition's foreign policy perspectives to be formally presented to the government and reviewed, thereby maintaining "balance" in international relations.
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But what might sound innovative at first glance raises serious constitutional and political questions. Apparently, the Jamaat chief's argument may sound good. But such an appointment, placing a high-ranking opposition member directly into a government ministry will be a clear deviation from the traditional separation between the cabinet and the opposition bench in parliament.
A proposal that blurs government-opposition lines
Appointing a senior opposition figure directly to a government ministry would represent a significant departure from the fundamental principle of parliamentary democracy: the separation between the governing cabinet and the opposition bench.
The idea is reminiscent of the unusual arrangement in the 10th parliament formed after the 2014 sham election in which 153 MPs out of 300 seats were elected uncontested amid a boycott by the BNP-Jamaat led alliance and other opposition parties. In that parliament, dominated by the ruling party after that opposition boycott, Jatiyo Party was designated as the official opposition. Yet the arrangement quickly turned into a constitutional oddity.
Three Jatiyo Party lawmakers simultaneously served as ministers in the cabinet of then prime minister Sheikh Hasina -- one as a full minister and two as state ministers.
The party's chairman, Hussain Muhammad Ershad, was appointed a special envoy with the rank of a minister, while his wife Rawshan Ershad served as Leader of the Opposition in parliament—also enjoying ministerial status.
The result was a peculiar political spectacle: members of the same party occupying positions both inside the government and in the opposition.
Referring to Jamaat's letter sent to the foreign ministry, Ridwanul Haque, former professor of law at the University of Dhaka, in a post on Facebook said, "Is Jamaat abdicating its role as an opposition? The party's leader asked for the appointment of his adviser in the foreign affairs ministry.
"If BNP agrees, that will kick off democratic backsliding."
Meanwhile, Jamaat issued a statement today regarding the letter sent to the foreign ministry, saying the incident, which has recently been reported in the media, actually took place around two weeks ago.
Necessary action has already been taken after the matter came to the party's attention, the party said.
Another unresolved question: Who is the opposition leader?
But wait, there is more.
The proposal becomes even more curious because Shafiqur Rahman is not yet officially recognised as the Leader of the Opposition.
He has been referring to himself as such in public statements. Yet the only authority empowered to recognise the Leader of the Opposition is the Speaker of Parliament.
This raises a simple question: can he automatically become opposition leader merely because his party won the second-highest number of seats in the 12 February election?
The answer is no.
The same logic applies to the government side. Even though the Bangladesh Nationalist Party secured a landslide victory, its chairman Tarique Rahman did not automatically become prime minister.
After MPs took oath, the BNP parliamentary party formally elected him as leader of the majority party. The resolution was then sent to the president, who appointed him prime minister and administered the oath of office. Only then did he become both prime minister and Leader of the House under parliamentary rules.
In Shafiqur Rahman's case, the process remains incomplete. Jamaat-e-Islami parliamentary party made him its leader. But the rest of the procedure is yet to be completed.
Although Jamaat's parliamentary party reportedly elected him as its leader, the decision must be formally communicated to the Speaker. The parliament secretariat must then publish an official gazette recognising him as Leader of the Opposition.
This requirement is clearly laid out in the Rules of Procedure of the Jatiya Sangsad, which defines the Leader of the Opposition as the member "who, in the opinion of the Speaker, is the Leader in the House of the party… in opposition to the Government having the greatest numerical strength."
The same definition is reiterated in the Leader and Deputy Leader of the Opposition (Remuneration and Privileges) Act, 2021.
A constitutional vacuum
But it's bad luck for Shafiqur who was elected MP for the first time in his political career.
Ironically, the procedural delay stems from an institutional vacuum.
The office of the Speaker has remained vacant since Shirin Sharmin Chaudhury resigned on 2 September, weeks after the collapse of the Hasina government amid mass protests.
Normally, if the Speaker's post becomes vacant, the Deputy Speaker acts in that capacity. But the deputy speaker of the dissolved 12th parliament, Shamsul Hoque Tuku, was arrested shortly after the political upheaval and remains in custody.
This leaves an obvious question: in the absence of a Speaker, at whose discretion did Shafiqur Rahman assume the title of Leader of the Opposition?
The office of the Speaker remains vacant since Shirin Sharmin Chaudhury, the speaker of the 12th parliament formed through the January 2024 election, resigned on 2 September the same year-- 27 days after the fall of the Hasina regime in the face of a mass uprising.
If the office of the Speaker falls vacant, the deputy speaker acts as the speaker.
But Deputy Speaker of the 12th parliament, dissolved by the president on 6 August, a day after Hasina resigned and fled the country, Shamsul Hoque Tuku was arrested next week of the same month in the murder case of a rickshaw puller who was killed in the capital's Paltan during the quota reform protest and still behind the bars.
This naturally raises the question: in the absence of a Speaker, at whose discretion did he become the Leader of the Opposition?
Jamaat chief Shafiqur has however been styling himself as the Leader of the Opposition and issuing statements on various issues.
The Shaheed Minar controversy
The issue came into sharper focus on 21 February when Shafiqur Rahman and his party colleagues visited the Central Shaheed Minar to pay tribute to the language martyrs on International Mother Language Day.
The visit itself was historic. It was reportedly the first time in 74 years—since the Bengali Language Movement of 1952—that the head of Jamaat-e-Islami paid homage at the monument.
When asked why the party had never done so before, Shafiqur Rahman cited "state protocol".
"As part of state protocol, it is my responsibility," he said, adding that he attended "as the Leader of the Opposition."
Yet without formal recognition from the Speaker, that claim had no legal standing.
Waiting for formal recognition
Mir Ahmad Bin Quasem, an MP elected from Dhaka-14 on a Jamaat-e-Islami ticket, told The Business Standard regarding this matter, "Immediately after taking the oath on February 17, we, the opposition MPs, held a meeting in the Parliament building. There, the Leader of the Opposition, Deputy Leader, and Chief Whip were formally nominated. The decision taken by the opposition members will be implemented."
He further added, "Since there is no Speaker at present, the paperwork might be pending. Once the Speaker is elected during the first session, it will be implemented. It is only a matter of time."
According to the warrant of precedence, 1986, the leader of the opposition holds fifth position along with ministers, Chief Whip and Deputy Speaker of the Parliament.
Until that formal recognition occurs, however, Shafiqur Rahman's claim remains politically asserted but legally unconfirmed.
That uncertainty is expected to end soon. The new parliament's maiden session begins on 12 March, and electing a Speaker and Deputy Speaker will be among its first orders of business.
Only then will the question of the opposition leadership – and its privileges – be officially settled.
