Revisiting Muslim Personal Law in Bangladesh: Challenges and Opportunities for Codification

Abstract

This study examines the necessity of codifying Muslim personal law in Bangladesh. Bangladeshi Muslim personal laws are driven by different schools of thought, but remain anomalous. The harmonious balance between legal provision and Sharia principles are absent in many cases. Patriarchal bias, ambiguity, and conflict with constitutional principles is also vigilant in Bangladeshi laws, e.g., the Muslim Family Law Ordinance 1961, and the Dissolution of Muslim Marriages Act 1939. Many countries like Kuwait, UAE, Morocco, and Malaysia are adopting progressive interpretations to make their laws time-befitting. This qualitative study has identified gaps between legal codification and Sharia principles that discards social justice and gender equality in issues like the age of marriage, option of puberty, consent in marriage, and divorce during pregnancy. The author urges a comprehensive codification that will harmonize Sharia principles, constitutional law, and international norms with national legislation, ensuring clarity, gender equality, and social justice.