Divorce can be an emotionally and legally complex process. Understanding both aspects is vitally important in order to stay protected throughout this journey.
Bangladesh has established marriage and divorce laws which aim to strike a balance between religious and secular laws; however, some issues still need to be resolved.
Talaq
Divorce can be an emotionally challenging time for couples of any kind, and its consequences for children can be particularly profound. To avoid divorce, couples must work together to overcome any differences and establish healthy relationships – while also becoming more tolerant of each other’s religious practices and traditions.
Under Islamic tradition, men can dissolve their marriage through talaq – usually done orally and telling his wife of his intention to end the union – to end it. He must then recite his talaq statement before divorcing their spouse in ninety days (known as the Iddat period).
If the husband resumes sexual relations prior to the iddat period being over, his talaq declaration will be null and void. Additionally, pregnancy invalidates any declarations made under talaq; thus requiring him to wait until she no longer bears children before declaring talaq again or filing for kafarat proceedings.
Ila
Islamic divorce, known as Ila, allows couples to part ways peacefully by mutual agreement. Although this method may be less contentious and stressful than Talaq divorce proceedings, nonetheless ila requires a significant commitment on both parts.
Bangladesh’s laws regarding marriage and divorce are heavily influenced by Muslim religious law. Under those rules, marriage may be ended on limited grounds such as impotence, prohibited degree of consanguinity/affinity and/or insanity at the time of marriage.
Hinduism does not sanction divorce, viewing marriage as sacred bond. However, the Hindu Married Women’s Right to Separate Residence and Maintenance Act of 1946 allows a woman to file for separation based on specific criteria; once satisfied that all requirements have been fulfilled by her request for separation have been fulfilled satisfactorily by court, divorce can be granted – however this process must be proved successfully for it to go forward successfully.
Mubarat
Bangladesh follows both Sharia and Statutory laws when it comes to marriage and divorce proceedings, permitting Muslim husbands to issue Talaq (divorce by unilateral declaration), while there are also procedures available through mutual consent or Khula, which offer more lenient options – however a wife must first have the consent of her husband before using these methods for divorce.
Under Muslim law, a husband may declare talak either orally or in writing (talaknama). Such declaration must take place during a period of tuhr (purity between menstruations cycles), and both parties must observe an Iddat period before remarriage is possible.
Mubarats are agreements where both spouses agree to end their marriage by entering into separate and voluntary separation contracts. Under such an arrangement, no sexual intercourse between partners takes place during an iddat ceremony and no retaliatory actions against his wife are undertaken during it. If either condition is violated during an iddat, his wife can file suit in court in order to enforce her rights as per this contract – the court will then assess its validity before reviewing all agreements and making its own determination regarding validity of divorce agreements entered into between partners involved and its validity before proceeding with its approval or otherwise.
Khula
Divorce is a legal process which dissolves marriages and rearranges legal responsibilities between partners, so it’s essential that one understands all applicable laws and procedures so as to make an informed decision.
Bangladesh has recently adopted secularism and now allows people of all faiths to marry or divorce under its Special Marriage Act; however, each religion may have separate procedures and laws regarding wedding and divorce procedures.
Women may seek khula for legitimate reasons such as immoral conduct by their husband or mistreatment at his hands, however they should avoid seeking it on baseless grounds and should return her dowry as well.
Khula cases can be complicated and time consuming to resolve, often taking years before reaching a final ruling. They’re also costly; many women cannot afford lawyers; therefore there are organisations like ADEW and NCW that provide free advocacy services; these organisations try reconciling couples first before filing cases like Khula but their efforts often prove futile.
