In Bangladesh, under existing Muslim personal law, a Muslim husband may unilaterally divorce his wife, a practice commonly referred to as “talaq”. Legally, for talaq to take effect, it must be registered and a notice served to the local chairman. The chairman has the discretion to advise both parties to attend a reconciliation meeting. However, if such a meeting does not occur, the divorce becomes legally effective three months after the notice is received (Muslim Family Laws Ordinance, 1961, Section 7).
In contrast, Muslim women do not have the direct right to divorce. They can only seek a dissolution of marriage with the husband’s consent or through the courts, as prescribed by the Muslim Marriage and Divorce Act, 1939. Yet, in practice, most marriage contracts in Bangladesh include provisions granting women the right to request talaq from their husbands, effectively allowing them to initiate divorce indirectly. Despite this, the one-sided and largely uncontrolled nature of talaq often places women in severe social and financial distress.
The following cases illustrate the hardships faced by women due to the existing system:
| Name (Alias) | Age | Duration of Marriage | Issue | Current Status |
|---|---|---|---|---|
| Latifa Begum | 55 | 30 years | Physical abuse by husband | Seeking resolution through Legal Aid Office |
| Kulsum Akhtar | 38 | 18 years | Husband’s second marriage; loss of property | Living with her parents; pursuing legal remedy |
| Naima Rahman | 25 | 2 years | Sudden divorce by husband | Facing repeated court visits; mental stress |
| Sofia | 32 | 12 years | Husband’s infidelity; child custody issues | Struggling financially; seeking compensation |
These examples highlight the economic vulnerability, emotional trauma, and insecurity regarding dowry, maintenance, child custody, and joint property that women often endure.
Comparatively, many countries regulate divorce to protect women and children. In Indonesia, for example, the Family Law of the Republic of Indonesia mandates:
The rights and basic needs of the first wife must be fulfilled in polygamous marriages.
Marital property is jointly owned by husband and wife.
Courts may ensure maintenance and child protection after divorce.
Although Bangladesh has restructured family courts, with each district hosting a Family Court and Family Appellate Court, the unilateral talaq system continues to jeopardise women’s welfare. Reforming the law to mandate consideration of dowry, child custody, maintenance, compensation, and property division before divorce could significantly reduce family disputes and safeguard women.
To protect the fundamental rights of women and children, it is crucial that Bangladesh’s legal framework ensures equal spousal rights, guaranteed remedies post-divorce, and child security. Without such measures, women will continue to bear the brunt of social and legal inequities. It is high time the legal system adopts a humane, accountable approach that safeguards the dignity and welfare of women and children.