Dissolution of Marriage under Muslim Law and the Reality in Bangladesh

Abstract

This thesis monograph delves into the intricate legal framework surrounding the dissolution of marriage under Muslim law, while critically analyzing its practical implications in contemporary society. The dissolution of marriage is a significant aspect of family law, and within the context of Islamic jurisprudence, it carries distinctive legal principles and practices that often intersect with social realities. The primary objective of this monograph is to dissect the multifaceted nature of the dissolution of marriage as outlined in Islamic law, and subsequently, juxtapose these legal doctrines with the lived experiences and societal dynamics that surround marital dissolution within Muslim communities. Through an interdisciplinary approach, encompassing legal analysis, sociological investigation, and anthropological inquiry, this study seeks to bridge the gap between legal doctrine and the pragmatic realities that shape the dissolution of Muslim marriages. The monograph commences with an exploration of the foundational sources of Islamic law, including the Quran, Hadith, and scholarly interpretations (fiqh). It scrutinizes the diverse modes of marital dissolution recognized by Islamic jurisprudence, such as talaq (repudiation), khula (mutual divorce), and judicial dissolution. The analysis extends to the roles and responsibilities of the parties involved, as well as the procedural safeguards embedded in the Islamic legal framework to protect the rights of spouses. In the subsequent sections, this monograph shifts its focus towards the contemporary realities of marital dissolution within Muslim societies. By drawing upon case studies, empirical data, and personal narratives, the research evaluates how cultural norms, socioeconomic factors, gender dynamics, and access to justice influence the practical outcomes of dissolution proceedings. This critical examination endeavors to unearth potential discrepancies between legal ideals and the actual experiences of those navigating the dissolution process. Furthermore, the monograph engages with the evolving discourse surrounding gender equality and women's rights within the context of Islamic marriage dissolution. It assesses whether traditional legal principles are compatible with modern notions of fairness and gender equity, and explores efforts to reform or reinterpret these principles in response to changing societal values. The findings of this research contribute to a deeper understanding of the complexities inherent in the dissolution of marriage under Muslim law, shedding light on the gaps between doctrinal norms and lived realities. By providing insights into the interplay between legal constructs and the socio-cultural milieu, this monograph offers valuable perspectives for legal scholars policymakers, practitioners, and activists seeking to address the challenges posed by marital dissolution within Muslim communities.