Muslim Marriage Dissolution: A Study of Bangladesh’s Legal Framework

A. J. M. Nur-E-Alam
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A. J. M. Nur-E-Alam: Assistant Professor, North Bengal International University, Rajshahi, Bangladesh

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 5, 1993-2001

Abstract: Dissolution of Muslim Marriage is regulated by divine injunctions, and statutory provisions. Although there are traditional and statutory provisions as regards dissolution of marriage but their practice, in essence, is not unquestioned. The termination of marriage cannot finally be treated in the case other than by death of either spouse. The purpose of the paper is to investigate traditional and statutory provisions regarding dissolution, and analyze them critically. Finally, the study will draw some speculations as to what extent and under what circumstances the provisions can be applicable. The legal framework governing the dissolution of Muslim marriages in Bangladesh is based on both Islamic principles and statutory laws. It examines the primary modes of divorce recognized under Muslim law—such as talaq, khula, and mubarat—and how these are interpreted and regulated within the Bangladeshi legal system. The study focuses on the procedural requirements, the role of the Family Courts, and the impact of the Muslim Family Laws Ordinance, 1961. Additionally, it highlights the gender dynamics involved in accessing divorce and assesses whether the current legal framework adequately protects the rights of women. The article also discusses recent judicial interpretations and potential reforms to address inconsistencies and ensure equitable dissolution of marriage. By bridging religious doctrine and modern legal standards, this study provides a comprehensive understanding of how Muslim marriage dissolution functions within Bangladesh’s socio-legal context.

Date: 2025
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