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article Laws dealing with marriage and divorce are
amatullah
02/12/03 at 13:08:04
February 09, 2003  

Laws dealing with marriage and divorce are not friendly to women
Shahria Hossain Ria

When Taslima Hossain was married 25 years ago, her family made a big blunder. The wedding was performed only by a Moulvi and no registration was done. Years later she was shocked to discover that her husband has a second wife through an officially registered marriage. And after her husband died Taslima, 44, realised that neither she nor her three children can legally claim their shares of husband's wealth and property. Those legally belong to his second wife and the children from the second marriage.
Taslima has become a pauper. She has gone from door to door for help. No one can help her. After the marriage, Taslima stayed back at her village home, while her husband returned to his work in a town. At one stage, the husband stopped visiting her in the village. So Taslima came to the town in search of him. She found that the man had another wife with children. She did not leave her husband because she had nowhere to go.
Her husband Monirul Islam died a few months ago leaving behind his two wives and children from two marriages. Taslima went to her husband's house but the in-laws refused to accept her. Anxious about the future of her children, Taslima went to court and sought legal support. The law could not help her, as she could not produce any official documents to prove the marriage.
Many Bangladeshi women such as Taslima, particularly in rural areas, are being deprived of their rights due to lack of marriage registration as well as for faulty and discriminatory marriage documents prepared by marriage registrars. It is true that the society is more aware about the rights and privileges of women than any time before. Women are getting education, jobs and businesses. Despite some progress, the condition of Bangladesh is far from ideal and satisfactory. They are victims of neglect, violence and discrimination. This applies also for the women from educated families.
The registration of marriage is a one step forward in protecting the interests of women. But not always. Experts say the existing Muslim marriage law cannot fully protect the rights of women. Here men enjoy unlimited rights and unquestionable authority to divorce their wives. Women usually get a raw deal in divorces. However, some experts and lawyers warn that there are others factors - not only the flawed law - for causing miseries to women. The law is not always enforced and there are people in the male-dominated administration who are biased against women.
Muslim marriage law itself is good. It has become weak in enforcement because the society is male-dominated, says Advocate Salma Ali of Bangladesh National Women Lawyers Association. She says women and human rights organisations have repeatedly recommended establishment of a balanced society removing all discriminations and loopholes in the law. There has been little headway, she revealed. "Community actions involving people from all walks of life are needed to remove such discriminations," says Salma Ali, "The women must get education to become aware about their rights and to raise their voice against all sorts of unfairness."
Supreme Court's Advocate Zahirul Islam says the laws so far enacted to make the marriage agreement effective and unbiased are enough to protect the rights of women. "But lack of application, religious misinterpretation, ignorance and superstitions have made these laws ineffective." Advocate Islam points out the state has a vital role to play in this regard showing more sincerity to resolve the marriage and divorce-related problems of women. "There must be a conducive and balanced system of disposing of the cases in the family courts," he says. Pointing to the huge pending cases, he says the government as well as non-government watchdogs should investigate and find out the ways to dispose of the cases within shortest possible time ensuring justice to the women who are deprived of their rights.
Advocate Masuda Rehana of Bangladesh Mohila Parishad terms current marriage agreement an unequal and male-biased that protects the rights of men and not women. "It also contradicts the constitutional provision that envisages equal rights to all. "Stressing the need for introduction of uniform family code to remove all discriminations, she says the existing laws should be amended and male-biased attitude should be changed to build a society that would equally treat men and women.
Retired Justice Golam Rabbani has also expressed similar views saying that there should be a uniform and internationally recognised law regarding marriage with necessary provisions ensuring that religious rules would not be an obstacle to enforce that law.
The Muslim marriage and family law was enacted in 1961. The law was later supplemented by some other rules on marriage registration, formalities of divorce in 1974 and 1975. The family court ordinance came into being in 1985 and that was the last effort to upgrade the laws. There exists some provisions of punishment for the violators of these laws but experts think these provisions are inadequate. " A three-month jail or Taka 500 fine is not enough to punish those responsible for not registering marriage," says Professor Azizur Rahman of Law Department in Dhaka University.
A second marriage without permission of the first wife is a punishable offense but there is hardly any instance that offenders have been punished.
Many victims cannot afford taking the cases to court. There are men who divorce their wives on flimsy grounds. Most of the husban`s do not pay the "Denmohor" (dower) to their divorced wives. The men can easily take a second wife but it is difficult for a divorced woman to marry again though they urgently need money and shelter to survive.
Developed countries, even many Muslim countries like Indonesia and Malaysia, have enacted laws to prevent polygamy and divorce and protect the equal rights of women. In India, divorced Muslim women are legally entitled to get expenses from their previous husbands until they remain single. Women and human rights campaigners feel the need to initiate a social movement to make the women more conscious about their rights, wipe out all discriminations in law relating to marriage and divorce and establish equal rights of men and women.

- NewsNetwork
http://www.dailystarnews.com/law/200302/02/factfile.htm


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