Muslim Family Law Could Be Reformed in Bangladesh: A Solemn Milestone Would Be Divorce and Equal Property Sharing

Dr. Pamelia Riviere 

Shariah marriage Law and women’s justice 

In 2011, The Guardian reported that Sara Hossain, a barrister involved in a high court case, stated: "We have no Sharia law in Bangladesh except when it comes to family matters. Elders who find a woman guilty of something which they believe to be a social or immoral offence have no authority to do so." 

It’s time to put an end to the use of Shariah Law when it comes to women's justice. Let's advocate for a fair and equitable system that truly empowers and protects women’s rights!

As the whole world, including Bangladesh, grapples with various issues, the recent decision to reform High Court verdicts on second marriages feels almost beyond belief. It's apparent how village council meetings can turn against a woman who has already suffered greatly. 

Take the case of a young rural girl who, in 2011, stepped outside at night to use the bathroom. She was brutally raped by her brother-in-law and, instead of seeing justice served, she faced a horrifying fate. The local community held a shalish meeting, punishing her with a hundred lashes instead of holding her perpetrator accountable. This 14-year-old girl paid a heavy price simply for being a girl. That evening, Hena Akhter's life was forever changed when she went out to the bathroom and was confronted by her cousin, Mahbub, who silenced her with a cloth and brutally assaulted her. Left on the brink of consciousness, she couldn’t even walk or speak. Instead of seeking justice for Hena, the village elders falsely accused her of having an illicit relationship with a married man at the shalish, as reported by The Guardian in 2011. She did not receive justice from the local justice system or through Sharia law. The police and the court are supposed to be involved in this case, not the Arbitration Council or the shalish committee. 

The article highlights the need to reconsider the application of religious justice in matters concerning women.

The notion of second or multiple marriage in Muslim society 

The concept of allowing second marriages for a man raises significant concerns about gender discrimination and could potentially lead to the acceptance of polygamy within Muslim society. Rather than perpetuating archaic traditions or creating legal loopholes to rationalize such practices, the interim government of Bangladesh should prioritize the establishment of fair and equitable laws that honour the rights of all individuals. 

It is imperative to confront and challenge the outdated authority of village leaders and chairman-run systems, and to advocate instead for a more just and inclusive approach to relationships and marriage. This is an essential step toward fostering a society that values equality and respect for every person.

The decision-making process regarding second marriages under Shariah Law/ Muslim Family Law should be regulated, with oversight from an impartial council and chairperson. The State must establish a law that upholds the rights of all individuals, regardless of their ethnicity or religion. A divorce process must be mandated before any separation occurs to ensure an equitable division of property. The spouse should retain the right to remain in the matrimonial home, and any assets or funds in excess of what is necessary should be shared fairly with their partner. This approach will foster equality and ensure that justice is served for both women and men. In matters of marriage and property rights, all religious obstacles must be addressed by the secular state.

From a secular standpoint, this legislation unintentionally opens the door to polygamy, raising important questions about its implications for Bangladesh’s evolving, still-traditional society. As cultural norms shift, the influence of Sharia Law becomes increasingly significant. Many Muslim men assert their right to take on a second wife, even while still married, highlighting the complexities and challenges that come with navigating these different perspectives on marriage.

The Traditional Sharia marriage system violates women’s autonomy

Permitting a second marriage for a man without the option for divorce effectively condones the violation of a woman's autonomy. A pivotal moment in a relationship should be the ability to dissolve it respectfully, accompanied by equitable sharing of assets. This is essential for true fairness and dignity in any union.

In a recent discussion with The Daily Star, Advocate Ishrat Hasan, a writ petitioner, shed light on the nuances of Section 6 of the Muslim Family Laws Ordinance, 1961. She clarified that this section does not explicitly require a husband to seek his wife's permission before entering into a second marriage. 

Hasan elaborated that, as per the ordinance, if a husband intends to marry again while still married, he must first secure permission from the Arbitration Council. This council, which is presided over by the chairman of the union parishad, includes two representatives from the applicant's side and two from the existing wife's side. The ordinance stipulates that without obtaining this prior consent, the husband could face legal repercussions, including up to one year in prison and a monetary fine. Furthermore, he would be required to pay the full amount of dower that is immediately owed to his current wife or wives. 

In a recent ruling, the High Court affirmed the necessity of receiving permission before pursuing another marriage, asserting that this requirement is both valid and constitutional. The court's full verdict stated that Section 6 of the Muslim Family Laws Ordinance is neither discriminatory nor arbitrary. Does this law and its procedural solution really help Muslim women live a dignified life? 

The context of having multiple wives

The marriage law for Muslim men was established over 1400 years ago and permitted a man to have up to four wives under the specific socio-political conditions of that era. However, these circumstances have dramatically transformed over time. In light of this evolution, it is imperative to advocate for a unified legal framework applicable to both Muslims and non-Muslims. 

In this modern day and age, such a law should encompass provisions for equitable divorce settlements, ensuring that property is shared fairly between spouses. This approach would also facilitate the possibility for both men and women to remarry, thereby addressing many existing issues surrounding marital relationships. The current Arbitration Council, composed of a chairman and two village representatives, reflects a traditional system that may inadvertently reinforce patriarchal norms within rural communities—where, in the early 2000s, approximately 80-90% of women resided (early 2000s). This setup risks subjugating women, limiting their rights and voice in matters of marital agreements. It is crucial that marriage laws be governed by a secular state, ensuring fairness and equality for all citizens, regardless of their religious background. Only then can we foster an environment that truly upholds the dignity and rights of every individual.

The current Muslim marriage law opens the door to violence against women 

In the 21st century, as we enter the year 2026, we find ourselves in a world marked by remarkable progress and modernity. Yet, in this pivotal moment, the Bangladesh High Court has made a controversial ruling regarding the legality of second marriages, a decision that starkly contrasts with the advancements seen in many parts of the globe. This ruling evokes a grim picture, suggesting that segments of society remain entrenched in outdated beliefs reminiscent of a bygone era—almost as if they are still languishing in the shadows of the Stone Age.

 Permitting a man to enter into a second marriage jeopardizes women’s rights and perpetuates gender discrimination, opening the door to potential violence against women and the troubling practice of polygamy. While many countries are making significant strides to promote equality and safeguard women's rights, Bangladesh appears to be taking steps backward in this critical area. This disjunction highlights the urgent need for change and the reevaluation of societal norms to ensure that progress extends to all corners of the world

The High Court bench, comprised of Justice Fahmida Quader and Justice Sayed Jahed Mansur, articulated in the recent 24-page verdict that "It is transparent that the process of permitting another marriage under Section 6 of the Muslim Family Laws Ordinance, 1961, is neither discriminatory nor arbitrary." They emphasized that the law itself does not diminish or eliminate the rights of either party—man or woman—nor does it create any hurdles for the Arbitration Council in granting or denying permission for polygamy. 

However, a report by the Daily Star highlights a contrasting perspective on the marriage law. It asserts that as soon as traditional laws permit a man to enter into a second marriage while still bound by an existing union, they inherently discriminate against women. This practice undermines women's rights, particularly regarding their entitlements to property and assets, effectively stripping away their legal protections and holdings.

A solemn milestone would be divorce and equal property sharing for Muslims and non- Muslims

A truly significant milestone in the journey toward gender equality would involve the establishment of equitable divorce laws and fair property distribution, rather than relying on religious frameworks that often promote loopholes permitting second marriages. Such practices can inadvertently endorse inequality and perpetuate violence against women. Advocating for a legal system that prioritizes justice and equal rights for both partners in a marriage is essential to fostering a society that genuinely values and protects the dignity of all individuals, regardless of gender.

It appears that the interim government is preoccupied with a singular focus: reforming marriage laws to promote polygamy, while neglecting pressing matters that could benefit society as a whole. Thus far, they have failed to enact any significant improvements, leaving a void of order and stability. Instead of fostering a cohesive social environment, they seem to be igniting further chaos within the community. 

What we need is a commitment to equal education and support for both girls and boys, as this is fundamental to building a just society. 

There is no justification for requiring permission from either men or women to remarry; autonomy in personal choices should be respected. The most effective approach is to ensure equality between Bangladeshi men and women through laws that allow amicable divorce when a couple finds they can no longer coexist harmoniously and mandate equal distribution of property. 

Such measures would address the complex interplay between the desire for separation and the opportunity for a second chance at love. The urgent need for reform in marriage and property laws cannot be overstated, as these issues are deeply intertwined. It is essential to establish a secular legal framework that applies uniformly to all members of society, ensuring fairness and respect for individual rights.

There is an urgent necessity to establish a unified legal framework that applies equally to both Muslims and non-Muslims, especially in matters such as divorce and the equitable division of property. This would ensure that, in the event of a separation, both parties—regardless of gender—receive fair treatment and can proceed with their lives, including the opportunity to remarry. 

Gender discrimination and polygamy must be eliminated

Gender discrimination and the practice of polygamy are often evident in the traditional system that permits the keeping of up to four wives, as observed in certain religious contexts. This dynamic raises important questions about equality and women's roles in society.

Entitling a second marriage without a divorce essentially strips away a woman's autonomy, equating to an act of violation. A significant milestone should be divorce and equitable property sharing, not seeking religious rule options to justify loopholes for a second marriage, as these approve inequality and violence against women.

Taking permission for a second marriage from the Arbitration Council, this approach does not serve women's interests and will not prove a viable solution to their empowerment in the future. Women possess remarkable pliability, and when nurtured by their families with independence and confidence, they can achieve anything they set their minds to. Empowering women is crucial; they possess remarkable resilience and potential to thrive in various aspects of life. This empowerment begins at home, where parents play a vital role by fostering independence and confidence in their daughters from a young age. To achieve true equality, it is essential to provide equal access to education and resources for both girls and boys. By ensuring that all children receive the same level of care and opportunities, Bangladesh can create a society where everyone has the chance to succeed and contribute positively. These steps can lead to substantial social advancements and a more harmonious community.