The ruling was based on an interpretation of a Quranic verse relating to provisions for divorced wives (2:241). The Court stated that Muslim jurists and scholars are nearly unanimous in the view that it is practically impossible to deal with co-wives justly, and so the Quranic injunction that a second wife may be taken under specific conditions is virtually a prohibition. Applications, appeals and conciliation procedures go to the Union Parishad, Pourashava or Municipal Corporation. The Court also noted that Tunisia has given legislative effect to this interpretation. The MFLO also establishes penalties for contracting polygamous marriages in contravention of the law. 221 0 obj Background and Sources: Hossain, Equality in the Home: Womens Rights and Personal Laws in South Asia, Human Rights of Women: National and International Perspectives, ed. Muslim Personal Law (Shariat) Application Act 1937, Cruelty to Women (Deterrent Punishment) Ordinance 1983, Repression against Women and Children Act 2000, Marriage Registration: penal sanctions for those in violation of mandatory registration requirements for marriage; failure to register does not invalidate the marriage, Polygamy: introduction of new regulations on polygamy by MFLO 1961; constraints placed on polygamy by requirement of application to the local Union Council for permission and notification of existing wife/wives; penal sanctions for contracting a polygamous marriage without prior permission, though there are no sanctions for failing to obtain existing wifes permission and subsequent marriage is not invalidated for lack of registration or failure to obtain official permission; the husbands contracting a polygamous marriage in contravention of legal procedures is sufficient grounds for first wife to obtain decree of dissolution, Obedience/Maintenance: governed by classical law; in Nelly Zaman v. Giasuddin Khan (34 DLR (1982) 221) husbands suit for forcible restitution of conjugal rights considered outmoded and untenable when considered with relation to principle of gender equality enshrined in the Constitution, Talaq: introduction of new regulations on talaq by MFLO 1961; every talaq uttered in any form whatsoever (except third of three) has effect of being single and revocable; formalisation of reconciliation and notification procedures, and procedures for recovery of mahr; penalties for non-compliance, Judicial Divorce: grounds on which women may seek divorce include: desertion for four years; failure to maintain for two years or husbands contracting of a polygamous marriage in contravention of established legal procedures; husbands imprisonment for seven years; husbands failure to perform marital obligations for three years; husbands continued impotence from the time of the marriage; husbands insanity for two years or his serious illness; wifes exercise of her option of puberty if she was contracted into marriage by any guardian before age of 18 and repudiates the marriage before the age of 19 (as long as marriage was not consummated); husbands cruelty (including physical or other mistreatment, unequal treatment of co-wives); any other ground recognised as valid for dissolution of marriage under Muslim law; judicial khul may also be granted without husbands consent if wife is willing to forgo her financial rights; in Hasina Ahmed v. Syed Abul Fazal (32 DLR (1980) 294) woman was granted khul by judicial decision in spite of husbands refusal, Post-Divorce Maintenance/Financial Arrangements: generally governed by classical law; judgements deviating from classical law often refer to social welfare arguments as well as reinterpretation of original sources of Islamic law; in Rustom Ali v. Jamila Khatun (34 DLR (1991) 301) wife not entitled to arrears of maintenance and maintenance only ruled payable from date the suit is brought before the Family Court until three months from decree of dissolution of marriage; in Md. <>]/P 331 0 R/S/Link>> 2 0 obj The most notable among the programmes is a game of hide and seek involving ring with flower petals floating on water or milk that fills a small pond. As elsewhere in South Asia, much of the Muslim personal law is unlegislated, the basis for the law being classical Hanafi fiqh except where this has been amended by legislation. The courts are also directed to consider the age, gender and religion of the minor and the character and capacity of the proposed guardian, as well as considering the minors own opinion if s/he is old enough to form an intelligent preference. 205 0 obj In ancient Bengal, taking one wife was the norm of the society; but there were exceptions as well. 1 Sweeping domination of males in conjugal life has been observed in 19th century families. This programme used to take place after the first menstruation of the bride following marriage, if that had not occurred earlier on. The amount of money given by husband to wife is called Denmohar. If the groom or bride is chosen, then the deal is finalised by presenting ring or money. Islamic family law is applied through the regular court system. Notable Features: [see also: Notable Features, Republic of India and Notable Features, Islamic Republic of Pakistan]. In the husbands unilateral plea for forcible restitution of conjugal rights as against a wife unwilling to live with her husband, there is no mutuality and reciprocity between the respective rights of the husband and the wife, since such plea for restitution of conjugal rights is not available to a wife as against her husband apart from claiming maintenance and alimony. There are also Hindu and Christian minorities. The Hindu marriage is a religious, ritualistic and spiritual matter and no written document is needed for this to happen. endobj Various programmes also take place on this day as well. Hanafi majority; Hindu and Christian religious minorities. 18 0 obj On the day of marriage, the bride and groom take bath with 'gila' (seed of a leguminous plant), sandalwood, raw turmeric, milk, butter, honey and pond water. The jurisdiction and functions of these courts are governed by the Family Courts Act 1985. endobj The tradition of dowry and marriage-money has taken a concrete shape after evolving over time in the Bengalee Hindu and Muslim societies. The remaining part is paid later on or when the wife is separated from husband after divorce. Theoretically speaking, according to the Sharia law for Muslims, any one among husband and wife can take the decision to divorce voluntarily, if one of them is unable to discharge conjugal responsibilities.

It is observed in most cases that 'Konyadan' or the hand-over of the bride takes place after midnight. The bride and groom have to perform 'Puja' on that day and take food at midnight with five items, wearing new dresses and ornaments.

<> 2022-03-30T09:46:54-07:00 Marriage an oldest institution of human society, which has assumed today's shape from its original ancient form over the ages. <> With respect to arrears of maintenance, in Rustom Ali v. Jamila Khatun (43 DLR (1991) 301), the Court ruled (in accordance with classical Hanafi law) that a wife is not entitled to arrears of maintenance. All rules and regulations regarding marriage have been scripted in religious stipulations. 199 0 obj A relationship is established between a male and a female based on this contract and their conjugal life starts in this way. 204 0 obj The Repression against Women and Children Act of January 2000 recognizes offenses of sexual assault and sexual harassment. It also authorizes a tribunal to decide to keep a woman in protective custody against her will for her safety. In reality, all cultures have their own theories regarding the emergence and necessity of marriage. Legislation introduced in 1974 to encourage and facilitate the registration of marriages has also been used to amend the MFLO and use registration as a method of controlling polygamy. The husband used to demand money from wife even before going to bed at night on the occasion of their auspicious encounter. At the same time, state law in South Asia has always afforded recognition to and left a sphere for the application of the family laws of different religious communities. In all cases, the interests of the ward are paramount. Food prepared by the bride is consumed the next day, which is usually known as the 'Bou-Bhat'. In Islam, marriage means a socially recognised contract determined by religion. This has been confirmed by a number of judgements, such as Muhammad Abu Baker Siddique v. S.M.A. The fixation of Denmohar is dependent on the socio-economic status of brides and grooms. This tradition took the shape of a terrible social malady towards the end of 18th century and the beginning of 19th century. In the second half of the 19th century, a new trend of sanctity and ethics developed due to the spread of education and the Brahma movement. In Muhammad Hefzur Rahman v. Shamsun Nahar Begum (15 BLD (1995) 34) relating to the maintenance of divorces, the Court ruled that a Muslim husbands responsibility to maintain his divorced wife does not cease with the expiry of the idda. Bangladesh acceded to the ICESCR in 1998 with a number of declarations. <>14]/P 24 0 R/Pg 344 0 R/S/Link>>

<> 358 0 obj Guardians and Wards Act 1890Child Marriage Restraint Act 1929, Marriage Age: 21 for males and 18 for females, lunar calendar; penal sanctions for contracting under-age marriages, though such unions are not considered invalidMarriage Guardianship: governed by classical Hanafi law, Bangladesh Legal Decisions, Dhaka Law Cases, Dhaka Law Reports, International Conventions (with Relevant Reservations) & Reports to Treaty Governing Bodies, CEDAW signature 1984 with reservations to Arts. <>1]/P 16 0 R/Pg 344 0 R/S/Link>> The new principles and ideals were closely intertwined with the emergence of the middle-class and the flourishing of English education cum Brahma religion. Bangladesh acceded to the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages in 1998 with reservations to Articles 1 and 2, stating that the treaty would be applied in accordance with the Personal Laws of different religious communities of the country, and allowing for a dispensation as to age, for serious reasons, in the interest of the intending spouses..

These were: Brahma, Daiba, Aryan, Projapatya, Asur, Rakshash, Poishach and Gandharva; among these, the 'Brahma-marriage' was the most accepted one. Those same scriptural provisions also strictly prohibited the taking of more than one husband by a woman.

The system of marriage has been given institutional shape mainly through religions.