Sources of Family Law in Bangladesh
The primary sources of family law in Bangladesh are:
Personal Laws – Derived from religious texts and traditions such as Sharia (for Muslims), Hindu Shastric law (for Hindus), and Canon law (for Christians).
Statutory Laws – Laws passed by Parliament, such as the Muslim Marriages and Divorces (Registration) Act 1974, the Family Courts Ordinance 1985, and the Child Marriage Restraint Act 2017.
Judicial Precedents – Decisions of the Supreme Court and High Court Division interpret existing laws and often modernize them.
Customary Practices – In some communities, local customs also influence family law matters.
Family Law in the Muslim Community
Since the majority of Bangladesh’s population is Muslim, Muslim family law is the most widely applied. It is largely based on Islamic principles, supplemented by statutory reforms.
Marriage
Christian marriages must be solemnized by a licensed minister or clergyman and registered. Consent of both parties is essential.
Divorce
Muslim divorce can occur through several methods: Talaq (unilateral divorce by husband). Khula (divorce initiated by wife with consent of husband). Mubarat (mutual divorce by agreement). Judicial Divorce under the Dissolution of Muslim Marriages Act 1939, where the wife can seek divorce on specific grounds such as cruelty, desertion, or failure to provide maintenance. Divorces must be registered with local authorities to be legally effective.
Maintenance and Custody
The court may order alimony and decide custody disputes in line with the welfare of the child principle. Inheritance Muslim inheritance law follows the principles of Sharia, where heirs are entitled to fixed shares. For example, sons generally receive double the share of daughters.
Family Law in the Hindu Community
Hindu family law in Bangladesh is mostly derived from traditional Hindu scriptures and customs. It has been less codified compared to Muslim law, though some reforms have been introduced.
Marriage
Hindu marriage is considered a sacrament, not a contract. Consent is not always emphasized, and traditionally arranged marriages are common. Unlike Muslim law, there is no statutory requirement for registration, though registration is permitted under certain reforms.
Divorce
Under traditional Hindu law, marriage is indissoluble. However, the Hindu Marriage Registration Act 2012 and judicial precedents have started to recognize limited grounds for separation, such as desertion, cruelty, or conversion. Still, divorce rights for Hindus in Bangladesh remain very restricted compared to Muslims.
Maintenance and Guardianship
Hindu law imposes an obligation on the husband to maintain his wife. Custody and guardianship issues are resolved under the Guardians and Wards Act 1890, with priority given to the welfare of the child.
Inheritance
Hindu inheritance follows Mitakshara and Dayabhaga schools. In Bangladesh, the Dayabhaga system is dominant, where sons inherit after the death of the father, and women’s rights to inheritance are still limited, although reforms are being discussed.
Conclusion
In summary, family law in Bangladesh is a dynamic area of law shaped by religious traditions, statutory reforms, and judicial interpretations. While it protects the values of different communities, it also faces challenges such as gender inequality, child marriage, and inconsistent application. Ensuring equal rights, protecting children, and modernizing outdated provisions remain crucial for building a fairer legal framework. A balanced approach that respects religious practices while promoting constitutional principles of equality and justice will determine the future of family law in Bangladesh.