Law for Muslim Women in Bangladesh

As a matter of international concern, the legal issues on the family have been well founded in various international conventions such as United Nations Declaration of Human Rights (UNDHR), Convention on Elimination of all Discrimination against Women (CEDAW) and many others to regulate marital relationships, procedural requirements and their rights and obligations. Though these conventions establish general guidelines to indicate the importance of human rights in the context of family relationship based on the equal rights between men and women, 1 the application of those provisions will subject to national and domestic laws of respective countries including Bangladesh where the laws that govern family relationships for both Muslims 2 and non-Muslims 3 are well codified.

Journal of International Women's Studies, 2003

Interview, 2021

In Bangladesh, men and women have respective rights in marriage and divorce, particularly in the light of the judicial interpretations and existing laws. One area in which there remains discrepancy is the economic right of women, i.e., post-divorce maintenance, inheritance. This has been a contested issue and we do not have any positive legislation or decision of the court in this regard. Our Supreme Court has missed an opportunity to positively decide on the issue while dealing with the Hefzur Rahman case in 1997. The latter is an important case to understand the way the traditionalist approaches to sharia have become dominant following the Islamisation of the constitution during the successive military regimes that ensued after the assassination of Bangabandhu Sheikh Mujibur Rahman, the founding father of Bangladesh.

The Dhaka University Studies Part-F, Vol. Vl(1):, 1995

This paper' intends to assess Bangladeshi women's rights in International and Municipal Law and will also evaluate the confusions and contradictions which are detrimental for implementation of women's rights in Bangladesh. Before going into details on international standards provided in various International documents and conventions, it is first considered how women were treated by the state and the legislature in the independent state of Bangladesh. In this context women's rights in Bangladesh have been analysed within the constitutional framework showing vividly the internal contradictions within the Constitution between granting sexual equality and making special laws for women. The paper then concentrates on the dichotomy of private and public life, the reservation of Family or Personal Laws and the confusion of imposing the concept of sexual equality in Family Law. This confusion as the paper concludes pushes women more to conservatism and deterioration as it avoids the real needs of women in Bangladesh^.. The real needs of women in Bangladesh is to be protected from economic deprivation and violence.

Routledge, 2019

This chapter analyses some decisions of the Supreme Court of Bangladesh (SC) in which it has passed directives to the Parliament or executive for making a law or making specific changes to the law which may be termed as 'quasi-legislative directives'. This chapter would argue that while the Constitution of Bangladesh allows judicial review and the directives are purportedly issued in exercise of that power; save in very limited cases, the doctrinal validity of the exercise is dubious because it stretches the judicial review too far. And it moves into the terrain which should be the domain of the Parliament and executive. It will demonstrate that while some of these directives may have been necessary, some others have been either at best not indispensable or at worst problematic. This paper demonstrates how the SC directives may be open to criticisms and how it may give rise to some practical challenges both for the executive and the court.

This paper focuses on exploring a contemporary issues in the Islamic legislations as a religion from a scientific and philosophical perspective, approach of Islam with science, and major goals of Islam in terms of rights, money, and woman. It also aims to explore the phenomenon, true concepts, and the concepts of this ideology. Based on these definitions and formulas, a two survey study was designed and used from two stage stratified random sample of cluster. The final sampling units were selected randomly from the primary sampling units (25 families from every count regions) using a systematic random sample. In this present study, it was found that for a chosen country, the Polygamy percentage is about 0.1% of married female. Only 2.11% out of the total employed female renders supports to their family. Unmarried females who are 15 years old and over with Pregnancy are less by 24.1% when compared to unmarried males. There is a high dependence on men in the case of family supporting. In conclusion, successful application of Islam with science depends on the possibility of applying them together. Therefore, the explanations and definitions of many important legislation, phenomenon, and concepts, in addition to some formulas, were suggested. This, however, would have a significant contribution to a better understanding of many phenomena in the religion, ethic, law, economic, society, and politics.

2011

Since we began this great adventure into the "critical analysis of social difference" in April 2008, we have nurtured five collaborative research projects. We have hosted dozens of international scholars, six visiting fellows, and countless other university faculty, artists and practitioners from Columbia and from neighboring institutions in New York City and beyond. We have partnered with arts institutions, foundations and universities across the globe and we have staged dozens of public events, conferences and roundtables. To date, five new graduate and undergraduate courses have evolved out of the collaborative research and thinking initiated here. Out of the synergy produced by dozens of creative, inquisitive and engaged people given the space to think and a community in which to develop an ongoing conversation, we have generated books, articles, podcasts, videos and now an online journal, SocialDifference-Online.

An important feature of the constitution is the Fundamental Principles of State Policy incorporated in the Constitution. Although the Fundamental Principles of State Policy are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble. Judiciary as being the protector and promoter of rights of the individual to perform the balancing act in an unbiased and fair manner has immense role to play in these days to interpret the fundamental principles as enforceable in order to establish welfare based society. Current paper will demonstrate some verdicts of the higher Courts in making implementations of the State Policies by virtue of the Constitution of Bangladesh

The misrepresentation of Islam as a misogynistic religion by the corrupt class of Mullas and Maulvis in India has overshadowed the true value Islam assigns to its women. Though Universal Civil Code has been projected as the true saviour of the victims of Muslim Personal law, yet the study of Portugese Civil Code, the only form of UCC in implementation in India proves that it can be extremely gender biased too. Hence, in order to do away with the ills of the corruption of Muslim Clergy class, the Muslim women in India under the Bhartiya Muslim Mahila Andolan have taken upon themselves to interpret their religion.