Conditions in Muslim Marriage: A Comparative analysis Between Bangladesh and Morocco

Abstract

Marriage contract woman rights and opportunities, are provided by both our sharia and statutory law.1But this right of a woman is often violated by the husband dominated societies. There is no doubt that marriage under Islamic law has a religious influence. It is a contract. Because it deals with normal contractual formalities: offer and acceptance by the efficient person, that is why it is treated as a civil contract. The marriage contract should be researched to determine and clarify the rights of the woman. It is their right to give the wife the power of divorce, this is generally accepted as permissible by all madhabs. But our societies are silent about this matter. However, the requirement must be inserted according to the sharia law. That is mean all requirement is not allowed under sharia law. For example, like a husband will not take a second wife, this rule is invalid in Hanafi schools. But the Hanbali schools give consent to insert such type of matter in a marriage contract.2Other important requirements should be highlighted which are essential for the present world as a husband will not interdict his wife’s work or a husband will permit his wife to complete her study. Whether sharia has given open scope for the requirement in marriage contracts but Bangladesh has no whole specific statutory law on the ground of requirement in marriage contracts except kabinnama. I audited the present scenario of Bangladeshi women and also the government's insensibility about such rights. The case of conditions in the marriage contract in Morocco has played an effective role in the rights of the woman. Concerning conditions, in a marriage contract, Morocco made statutory provisions concerning the „property regime‟ for example The Moroccan Family Code (Moudawana), 2004 the new family code enact in Morocco. Regarding a property rule,3Moroccan law may be a good example for making a statutory provision for purposes of requirement in marriage contracts in Muslim countries.4 I am perfectly interested in the requirement in a marriage contract for the reclamation of rights of the women 1 E.H.Dr. Muhammad,(2015), Muslim family law, a requirement in a marriage contract (1st ed. London College of Legal Studies).URL: https://www.researchgate.net/publication/345323246_Muslim_Family_Law_Sharia_and_Modern _World. 2 M.Amira,(2015), CSHR,Islamic Law and Gender Equality- Could There be a Common Ground?:A study of Divorce and Polygamy in Sharia Law and Contemporary Legislation in Tunisia and Egypt. URL: http://opac.cshr.cmb.ac.lk:8080/jspui/handle/123456789/1734. 3 The Moroccan Family Code (Mudawana), 2004, Article 49, URL: https://learningpartnership.org/sites/default/files/resources/pdfs/Morocco%20Family%20Code%20 %28Moudawan%29%202004%20English.pdf 4 Women living under Muslim law,(2006),Knowing our rights women family laws and customs in the Muslim world, (3rd ed. London)URL: https://www.oursplatform.org/wpcontent/ uploads/WLUML-Knowing-Our-Rights-Women-Family-Laws-and-Customs-in-the- Muslim-World.pdf.