Stipulations in Muslim Marriage

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.