Under Muslim Law, marriage is considered as a civil contract, which can be terminated either at the will of husband or wife or by a mutual agreement between the two. There are two types kinds of divorces that are appropriate for Muslims in Bangladesh under Islamic laws these are as follows:
- Extra – Judicial
- Judicial
Extra – Judicial: Extrajudicial divorce consists of three types,
- divorce by the Husband (talaq al-ahsan, talaq al hasan):
The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife’s state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time.
ii) divorce by the wife (talaaq-e- Tafwid / tawfeez) – Delegated Talaq:
A wife does not have any power of her own to dissolve a marriage. She could dissolve a marriage by herself only if the husband had delegated the power to her via Talaaq-e-Tawfeez. In Bangladesh, a husband can delegate such power to divorce to his wife in provision 18 of the standard Nikhanama. As section 18 states “whether the husband has delegated the power of the divorce to the wife. If so, under what conditions? Therefore in contravention of such conditions as specified in the aforesaid section, a wife can divorce her husband. However, if no power is delegated by the Husband, then the wife must file a divorce in the Family Court.
iii) through mutual consent (khula):
When both husband and wife seek separation through their mutual consent it is referred to as Mubarat. Khula or redemption means a form of divorce that takes place at the request of the wife.
Judicial: In Bangladesh the judicial divorce for Muslims are governed under the following laws:
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- The Muslim Personal Law (Shariat) Application Act, 1937
- Dissolution of Muslim Marriage Act, 1939
- The Muslim Marriages and Divorces (Registration) Act, 1974
- Muslim Family Law Ordinance, 1961
- The Family Courts Ordinance, 1985
- Muslim Marriage and Divorces (Registration) Rules, 2009
Step-by-Step Procedure for Filing Muslim Judicial Divorce under the Laws:
One-sided divorce:
To give a one-sided divorce a Husband or Wife (if divorce power is delegated) must comply the, following steps as per section 7 and 8 of the Muslim Family Law Ordinance, 1961:
Step 1 | Sending Divorce Notice to Chairman of Union Parishad / Mayor of the City Corporation
A written notice to the chairman of Union Parishad or Mayor of the City Corporation or any other authorized officer shall be given. A copy of this notice shall be given to the other spouse (Husband / Wife).
Step 2 | Arbitration Council Within 30 days of Notice
After that, the chairman Mayor of the City Corporation shall constitute an arbitration council within 30 days of the notice attempting to reconcile between the parties and take all other necessary steps for reconciliation.
Step 3| Confirmation of Divorce
If reconciliation fails then the divorce will become effective after the ‘iddat’ period, which is 3 months. The Arbitration Council must deliver an Order in this regard. These 3 months shall be completed for talaq to become effective. In case the Wife is pregnant at the time of Talaq, the divorce will only commence after the pregnancy.
