DIVORCE LAW AND PROCEDURES IN BANGLADESH FOR MUSLIMS

Under islamic laws of divorces procedures for muslim’s in Bangladesh can be very confusing if not a proper step by step guide has not been mentioned. Marriage under Islamic law is not an indissoluble and permanent bond and the parties may dissolve the marriage by the approved methodologies provided by the shariah. The policy of Islamic law is that a marriage may be terminated for a genuine reason.

Types/kinds of Divorces for Muslims in Bangladesh

Under the islamic laws of Bangladesh for muslims, which are duly applicable to muslims in case of divorce laws in Bangladesh, there are two types or kinds of divorces applicable for muslims, which are As follows:

  1. Extra – Judicial 
  2. Judicial

Extra-judicial Divorce

  1. Husbands Power: Talaq
  2. Wife’s Power: Talaaq-i-tawhid
  3. Mutual Consent
  4. Other Processes

(i) Husbands power: Talaq

The husband’s power of divorce is strictly given by the shariah putting him in a superior position in comparison to wife. The husband’s power to pronounce talaq does not depend on any terms of the agreement, he can exercise this power unilaterally without showing any reason whatsoever. Once the husband pronounces talaq, the Iddah period will start and the time frame is 3 months or 3 menstrual cycles of women. On completion of the iddah period, the talaq will become successful if the wife does not get pregnant within those 3 months’ time.

  • Talaq Ahsan

if one revocable talaq is pronounced during the period of unconsummated purity and the husband does not revoke it during the iddah period then the talaq becomes effective after the expiry of iddah. After the talaq becomes effective and this is known as Talaq Ahsan.

  • Talaq-i-hasan

Talaq-i-hasan is constituted of three single revocable pronouncements made at three different periods of unconsummated purity, whether the first two pronouncements have been revoked or not. Such a talaq becomes effective at the moment the third pronouncement is made. The third pronouncement cannot be revoked and this form of talaq is known as talaq-i-Hasan.

  • Talaq al Bida

Talaq al Bida is such type of talaq when husband pronounces talaq thrice at the same meeting or a single irrevocable talaq and the talaq becomes effective and irrevocable. Both such pronouncements become final and irrevocable at the moment the pronouncement is made.

(ii) Wife’s Power: (talaaq-i-tawfid)

A wife does not have any power of her own to dissolve a marriage. She can dissolve a marriage by herself only if the husband had delegated the power to her before the head. This is known as talaq-i-tawfid or delegated talaq. Thus, the existence of such power to be in the hands of the wife completely depends on the contract between husband and wife. If there were any stipulations regarding delegation of such power by husband and wife inserted in the marriage contract, only then the wife would be able to dissolve the marriage by exercising that power without resorting to either the husband or the court. In Bangladesh Column 18 of the kabinnama is about delegation of power of talaq by a husband to his wife and column 19 is about whether husbands’ power of talaq has been curtailed in any way.

(iii)Through mutual consent (khula, Mubarat)

When both husband and wife seek separation through their mutual consent it referred to as Mubarat. Khula or redemption means a form of divorce that takes place at the request of the wife.

(iv) Other processes

  • Ila: If the husband takes an oath in the name of the Almighty Allah that he will abstain from physical relationship with his wife for four months, then after the expiry of such 4 months, the court will dissolve the marriage, and this form of talaq is known as Ila.
  • Zihar: Zihar means comparison. if the husband compares his wife with anyone (sister/mother) who is within the prohibited degree with him, then that will amount to zihar. Zihar does not dissolve the marriage, rather a husband cannot cohabit with his wife before expiration or redemption. In the case of failure to make an atonement, the wife has the right to seek judicial divorce.
  • Lian: if the husband brings an accusation of adultery against his wife after taking oath in the name of the almighty and the wife denies such accusation also taking such oath in the name of almighty Allah then it will be the responsibility of the court to set aside the marriage because of the conflicting oaths. Lian does not automatically dissolve the marriage, rather the court has to declare the separation.

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