Analyzing the Patterns of Muslim Divorce and the Consequences: A Case Study of Bangladesh

The Constitution of Bangladesh ensures women's fundamental right to equality with men in all aspects of life. Nonetheless, this constitutional protection does not extend to legal recourse for women who fall victim to polygamy, unilateral divorce, and discriminating fatwas. Marriage is regarded as one of the most ancient and significant social structures in human history. While the advantages of marriage are indisputable, it often imposes limitations and constraints on Muslim married women, especially in Bangladesh. While marriage ostensibly offers happiness and fulfillment, it functions as a mechanism of female subordination by confining women to domestic labor and restricting their identities to those of wife and mother. This paper will discuss about the reality of muslim women’s legal rights in Islam regarding divorce, and to what extent Muslim divorced women can establish their position as individuals and become the overseer of their lives. Nor does the constitutional provision prevent women from being deprived of rights to marital property or financial support after divorce, even when the divorced wife has contributed significantly either directly or indirectly to the family income and maintenance. It fails to safeguard women from systemic and institutionalized discrimination, exploitation, and even torture perpetrated by men. Nevertheless, these have not achieved parity between women and men. This study examines the treatment of Muslim women concerning their personal law, specifically in relation to marriage and other legal frameworks in Bangladesh.