Abstract:
This paper has been formed with a basic thought of stipulation in a marriage contract
under sharia and statutory law. A Stipulation is a matter of contract inserted in the time
of marriage deed. So the term stipulation is an essential mark or signs an indication. In
a true sense, Islam authorizes a bride to stipulate any conditions in a marriage deed.
But most of the Islamic scholars differed in determining the validity of such conditions
upon their marriages to take place. One of the most controversial stipulations is that
delegating the power of divorce to the wife in her marriage contract. The scope of the
research paper is a stipulation regarding the marriage contract between Bangladesh and
Morocco. Stipulation meant the only stipulation in the marriage field others will be
treated as excluded. This paper has been conducted using a qualitative methodology.
Therefore, this research made out a comparative analysis between Bangladesh and
Morocco with the reflection of Sharia and the statutory law of the specific some
modern states. This research tried to show out a present scenario of the status of
Bangladeshi women regarding stipulation in a marriage contract by the using of
example or representing the status of the Moroccan woman under the personal status
code Mudawana, 2004. This because stipulation in a marriage contract in Bangladesh
is an unfamiliar matter for the absence of crystal clear provisions regarding stipulation.
And that‟s why we need to adopt specific clear provisions for the better protection of
the wife. For enhancing the status of the woman in Bangladesh some recommendations
are made out in the concluding chapters with referencing best practicing Muslim
countries regarding stipulations in a marriage contract.
