Title

Muslim women's right to divorce and gender equality issues in Bangladesh: a proposal for review of current laws

RIS ID

146678

Publication Details

S. Patwari & A. N. M. A. Ali, 'Muslim women's right to divorce and gender equality issues in Bangladesh: a proposal for review of current laws' (2020) 21 (6) Journal of International Women's Studies 50-79.

Abstract

In Bangladesh, sharia law goes hand in hand with the statutory laws of the land. These laws are both conjointly used to regulate and monitor the issues of divorce among Muslims of the country. Orthodox Islamic laws provide husbands with the authority of issuing divorce or talaq to their wives known as Talaq-e-Tawfiz (popularly known as tawfiz) in the kabinnama (the written document of the contract of marriage). Women's power to exercise the tawfiz, however, depends solely on the will of their husbands. Although Muslim women are capable of repudiating their marriages by the process of khula or mubarat, these are only executable under the free consent of their husbands. Also, the statutory laws of Bangladesh address Muslim women's right to the dissolution of marriage by the intervention of the court, only under several grounds. The traditional interpretation of sharia law and the statutory laws of the country are both unwilling to establish Muslim women's absolute right to renounce marriage as with their male counterparts. Current research reveals that this violation of gender equality and women's rights generates female subordination in society and gives birth to numerous socio-legal complications.

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