Codification of Muslim Personal Law in Bangladesh: Problems and Prospects

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Published: 2023-03-27

Page: 75-81


Md Istiak Akondo *

Bangladesh University of Professionals (BUP), Dhaka, Bangladesh.

*Author to whom correspondence should be addressed.


Abstract

This paper enlightens us about the inconsistencies of our prevailing Muslim Family Law Ordinance with The Muslim personal Law (Shariat) Application Act and the Shariat by approaching qualitative method of research. In Bangladesh, Muslim Personal laws are under developed. On the other hand, the international developments are prominent. The prime motive of the paper is to scrutiny the anomaly of Muslim Personal Laws. And ultimately the need of a new codified law is felt and also the merits and demerits of such legislation also got a position in this paper.

Keywords: Muslim personal law, shariat, hanafi, hanabali, shafi, maliki, codification, civil law, common law


How to Cite

Akondo, M. I. (2023). Codification of Muslim Personal Law in Bangladesh: Problems and Prospects. Asian Journal of Arts, Humanities and Social Studies, 6(2), 75–81. Retrieved from https://ikprress.org/index.php/AJAHSS/article/view/8173

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References

The Muslim Personal Law (Shariat) Application Act; 1939.

The Muslim Family Laws Ordinance; 1961.

Mudawana; 2004 .

The Evidence Act; 1872.

Kennedy, supra note 23, at 347.

Haque, Dr Mohammad Ekramul, Muslim Family Law Sharia and Modern Modern World, London College of Legal Studies;b 2015.

Shaham R, ‘State, feminists and Islamists the debate over stipulations in marriage contracts in Egypt’. School of Oriental and African Studies, University of London. 1999;62(3).

Abdul Kadi vs Salima (1886) ILR 8 All 149.

Abdur Rakib vs Shertaj Khatun and ors 13 BLC (AD). 2008;137.

Anwar Hossain vs Momtaz Begum. 51 DLR (HCD). 1999;444.

Captian Samsul Alam Chowdhury vs Sheerin Alam Chowdhury, Civil Revision Nos. 3451; 1995. 3474/1992 and 604 of 1993, reported in Dr. Taslima Monsoor, Judiciary and Gender on Trial: Reported and Unreported Decisions of Family Courts, British Council Bangladesh, Dhaka, 189.

Jamila Khatun vs Rustom Ali. 1996;48 DLR (AD):110.

Khurshid Bibi v Muhammad Amin, PLD (SC) 97; 1967.

Sabbir Sheiks vs State and ors, Unreported Case, Class Lecture Delivered by Professor Dr. Mohammad Ekramul Haque, Department of Law, Dhaka University.

Professor Dr. Muhammad Ekramul Haque, “Dissolution of Marriage in Muslim Law”, class lecture, Comparative Family Law, Bangladesh University of Professionals, Dhaka, Bangladesh, September 15; 2022.