Islamic Law & Women Rights in Bangladesh

Noor Mohammad

doi:doi:10.11648/j.ss.20130202.11

| Peer-Reviewed

Islamic Law & Women Rights in Bangladesh

Noor Mohammad

Published in Social Sciences (Volume 2, Issue 2)

Published: 2 April 2013

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

The concept of women rights is in fact originated from Islamic jurisprudence although there many debates and arguments on this issue. It is observed that the position of women was ignored since the pre-Islamic customs of the Arabian people in all respects. But after the revelation of the Hoy Quran, it is found that many suras such as the sura An-Nissa, Attin, Al-Mayeda etc.; cover a wide range of women rights. The Christianity, Islam, Hinduism and Communism etc.; emphasizes equal rights to men and women. However, the women rights as guaranteed to the women are not implemented properly due to unconsciousness and ignorance as to the importance of the women, lack of knowledge in Islam etc.; and therefore, the scholars of the Muslim world suggested that the respective government may pass some leading laws empowering the women community such as the Muslim Family Laws Ordinance, 1961; the Muslim Marriage and Divorce Act, 1939; the Family Laws Ordinance, 1985 etc.; which is really significant in this regard. It is being done in the most of the Islamic countries in the world including Pakistan, India, Tunisia, Saudi Arabia, Kuwait, Oman, Bahrain etc. The authority should implement the provisions of the International Bill of Human Rights as to the women rights. In Bangladesh, there are some important laws as mentioned above. This study however, examines the potentialities and constraints of the Islamic Family Laws in Bangladesh focusing on the women rights as applied in in the country based on the primary and secondary sources consisting of 25 respondents in the different criteria such as lecturers, students, primary school teachers, common people, business people, lawyers etc.; in Sylhet.

Published in	Social Sciences (Volume 2, Issue 2)
DOI	10.11648/j.ss.20130202.11
Page(s)	22-33
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2013. Published by Science Publishing Group

Keywords

Islamic Law, Women Rights

References

[1]	L. W. King. Hammurabi's Code of Laws, available at the http://eawc.evansville.edu/anthology/hammurabi.htm on the March 30, 2013.
[2]	Sources of Sharia; available at http://en.wikipedia.org/wiki/Sources_of_sharia on the March 30, 2013.
[3]	The Universal Declaration of Human Rights 1948, available at http://www.un.org/en/documents/udhr/ on March 30, 2013.
[4]	Reba & Shahjahan Mondol, Manobadhikar Ain Sangbidhan, Islam, NGO (Human Rights Law, Constitution, Islam & NGO) (Chittagong: Md. Shahajahan Rashid, Islamia Hat, 1999), p. 4.
[5]	Mohammad, Noor. Law and Human Rights in Bangladesh: An Empirical Study; Lap Lambert Academic Publishing, Saarbrücken, Germany, June, 2012.
[6]	Islam: Equality of Men and Woman in Islam, and their com-plementary nature to one another; available at the http://www.womeninislam.ws/en/women-right-islam_equality-men-women.aspx on the 30 March 2013.
[7]	Afroz, Tureen, The CEDAW and the Women’s Rights in Bangladesh - a promised Silver Lining Barrister; available at the http://www.worldnewsbank.com/tureen-seminar.html on the 30th March 2013.
[8]	Abdullah, Raihanah and Begum Asma Siddiqua, The Legal Reforms of the Islamic Family Law in Indian Sub-Continent, The Women Rights in Islam, edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[9]	Ahmed, Shamsuddin, ‘Women Rights in Malaysia are Ba-lanced and Praiseworthy’, The Women Rights in Islam, edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[10]	Navazeni, Bahram and Ms. Maryam Navazeni, ‘The women rights in Iran’ edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[11]	Murshed, M. Mahabob, the women rights in Bangladesh edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[12]	Ara, Rushan, The Traditional Controversies regarding women rights in Islam, edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[13]	Ahmed, Shaheed, Chowdhury and Nur Muhammad Azami, ‘The modes of dissolution of marriage under the sharia law, edited by Maimul Ahsan Khan, 2009, Dhaka, Bangladesh.
[14]	Ibrahim, Ahmad, Family Law in Malaysia 3rd edition, Ma-laysian Law Journal Sdn bhd, Kualal Lumpur, 1997, p.p. 167-217.
[15]	Levin, Jennifer (1982), Family law; available at the http://www.amazon.ca/Books on the 30th March 2013.
[16]	Chua, Nuraisyah. Abdullah, the Family Law; available at the http://www.ranker.com/list/nuraisyah-chua-ab.
[17]	Kamali, Hashim, 2000. Islamic Law in Malaysia Issues and Developments, Ilmiah Publishers, Kuala Lumpur.
[18]	Dr-Mahathir-Islam-the-Misunderstood-Religion; available at the http://www.ummah.com/forum/showthread.php?55492 on the March 30, 2013.
[19]	Muhammad Faiz-ud-Din (2009), A Text Book on Islamic Laws, Shams Publications, Dhaka, Bangladesh.
[20]	Khalid, Syed Rashed, The‘Muslim Law’ available at the http://www.amazon.com/Syed-Khalid-Rashids-Muslim-Law/dp/8170121620 on the March 30, 2013.
[21]	Mahmud, Shaukat, The Principles and Digest of Muslim Law, avialble at the http://catalog.hathitrust.org/Record/010451936 on the March 30, 2013.
[22]	D.F. Mulla's, principles of Mahtomedi law, available at the http://www.amazon.com/D-F-Mullas-principles-Mahomedan-law on the March 30, 2013.
[23]	Mohammad, Noor, Reformations on the Malaysian Muslim Family Law: A Case Study; European Journal of Social Sciences, 2010.
[24]	Pillai, Kamala M.G. (2009), Malaysian Family Law, available at the http://library.bheuu.gov.my:8080/library/FullDisplayRetriever.jsp?0000011572 on the March 30, 2013.
[25]	Buxbaum, David C. (1966), available at the http://www.amazon.com/s?ie=UTF8&field-author=Daid%20C%20Buxbaum&page=1&rh=n%3A283155%2Cp_27%3ADavid%20C%20Buxbaum on the March 30, 2013.
[26]	Freedman, Maurice (1957) discussed the Chinese family life http://openlibrary.org/sea on the March 30, 2013.
[27]	M.B.Hooker (1969); available at the http://books.google.com.my on the March 30, 2013.
[28]	The Role of the Family Courts Ordinance, 1985; available at the http://bdlaws.minlaw.gov.bd/pdf_part.php?id=682 on the March 30, 2013.
[29]	The Role of the Muslim Family Laws Ordinance, 1961 http://bdlaws.minlaw.gov.bd/pdf on the March 30, 2013.
[30]	The Role of the Dissolution of Muslim Marriages Act, 1939 http://www.vakilno1.com/saarclaw/pakistan/dissolution-of-muslim-marriages-act-1939.html on the March 30, 2013.
[31]	The Role of Case Laws in Bangladesh such as the Buzloor Ruheem vs. Shumsoon nissa Begum (1867) 11 MIA 551; Mt. Bhawan vs. Gaman (1934)14 1461 IC 292 etc.
[32]	Nature of Dower, available at the http://www.muslim-marriage-guide.com/dower-rights.html on the March 30, 2013.
[33]	Women Empowerment, available at the http://www.nobelprize.org/nobel_prizon the March 30, 2013.
[34]	The Constitution of Bangladesh article 27; available at the http://www.lawyersnjurists.com/resource/articles-and-assignment on the March 30, 2013.
[35]	The Constitution of Bangladesh article 102; available at the http://www.lawthinkers.com/tag/article-102-of-bangladesh-constitution/on the March 30, 2013.
[36]	The Millennium Development Goals (MDG); available at the http://www.un.org/millenniumgoals/ on the March 30, 2013.
[37]	The Role of the Islamic Family Law (Federal Territory) Act, 1984; available at the http://www.google.on the March 30, 2013.
[38]	Islam is a complete code of life; available at the http://www.barghouti.com/islam/lifecode.html on the March 30, 2013.
[39]	The Charter of Madina Sanad; available at the http://www.constitution.org/cons/medina on the March 30, 2013.
[40]	Sura Maeda: Ayat 3 of the Holy Quran.

Cite This Article

Plain Text BibTeX RIS

APA Style

Noor Mohammad. (2013). Islamic Law & Women Rights in Bangladesh. Social Sciences, 2(2), 22-33. https://doi.org/10.11648/j.ss.20130202.11

Copy | Download

ACS Style

Noor Mohammad. Islamic Law & Women Rights in Bangladesh. Soc. Sci. 2013, 2(2), 22-33. doi: 10.11648/j.ss.20130202.11

Copy | Download

AMA Style

Noor Mohammad. Islamic Law & Women Rights in Bangladesh. Soc Sci. 2013;2(2):22-33. doi: 10.11648/j.ss.20130202.11

Copy | Download

@article{10.11648/j.ss.20130202.11,
  author = {Noor Mohammad},
  title = {Islamic Law & Women Rights in Bangladesh},
  journal = {Social Sciences},
  volume = {2},
  number = {2},
  pages = {22-33},
  doi = {10.11648/j.ss.20130202.11},
  url = {https://doi.org/10.11648/j.ss.20130202.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20130202.11},
  abstract = {The concept of women rights is in fact originated from Islamic jurisprudence although there many debates and arguments on this issue. It is observed that the position of women was ignored since the pre-Islamic customs of the Arabian people in all respects. But after the revelation of the Hoy Quran, it is found that many suras such as the sura An-Nissa, Attin, Al-Mayeda etc.; cover a wide range of women rights. The Christianity, Islam, Hinduism and Communism etc.; emphasizes equal rights to men and women. However, the women rights as guaranteed to the women are not implemented properly due to unconsciousness and ignorance as to the importance of the women, lack of knowledge in Islam etc.; and therefore, the scholars of the Muslim world suggested that the respective government may pass some leading laws empowering the women community such as the Muslim Family Laws Ordinance, 1961; the Muslim Marriage and Divorce Act, 1939; the Family Laws Ordinance, 1985 etc.; which is really significant in this regard. It is being done in the most of the Islamic countries in the world including Pakistan, India, Tunisia, Saudi Arabia, Kuwait, Oman, Bahrain etc. The authority should implement the provisions of the International Bill of Human Rights as to the women rights. In Bangladesh, there are some important laws as mentioned above. This study however, examines the potentialities and constraints of the Islamic Family Laws in Bangladesh focusing on the women rights as applied in in the country based on the primary and secondary sources consisting of 25 respondents in the different criteria such as lecturers, students, primary school teachers, common people, business people, lawyers etc.; in Sylhet.},
 year = {2013}
}

Copy | Download

TY  - JOUR
T1  - Islamic Law & Women Rights in Bangladesh
AU  - Noor Mohammad
Y1  - 2013/04/02
PY  - 2013
N1  - https://doi.org/10.11648/j.ss.20130202.11
DO  - 10.11648/j.ss.20130202.11
T2  - Social Sciences
JF  - Social Sciences
JO  - Social Sciences
SP  - 22
EP  - 33
PB  - Science Publishing Group
SN  - 2326-988X
UR  - https://doi.org/10.11648/j.ss.20130202.11
AB  - The concept of women rights is in fact originated from Islamic jurisprudence although there many debates and arguments on this issue. It is observed that the position of women was ignored since the pre-Islamic customs of the Arabian people in all respects. But after the revelation of the Hoy Quran, it is found that many suras such as the sura An-Nissa, Attin, Al-Mayeda etc.; cover a wide range of women rights. The Christianity, Islam, Hinduism and Communism etc.; emphasizes equal rights to men and women. However, the women rights as guaranteed to the women are not implemented properly due to unconsciousness and ignorance as to the importance of the women, lack of knowledge in Islam etc.; and therefore, the scholars of the Muslim world suggested that the respective government may pass some leading laws empowering the women community such as the Muslim Family Laws Ordinance, 1961; the Muslim Marriage and Divorce Act, 1939; the Family Laws Ordinance, 1985 etc.; which is really significant in this regard. It is being done in the most of the Islamic countries in the world including Pakistan, India, Tunisia, Saudi Arabia, Kuwait, Oman, Bahrain etc. The authority should implement the provisions of the International Bill of Human Rights as to the women rights. In Bangladesh, there are some important laws as mentioned above. This study however, examines the potentialities and constraints of the Islamic Family Laws in Bangladesh focusing on the women rights as applied in in the country based on the primary and secondary sources consisting of 25 respondents in the different criteria such as lecturers, students, primary school teachers, common people, business people, lawyers etc.; in Sylhet.
VL  - 2
IS  - 2
ER  -

Copy | Download

Author Information

Noor Mohammad

Faculty of Law, Universiti Kebangsaan Malaysia 43600, The National University of Malaysia, Bangi, Selangor Darul Ehsan

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Noor Mohammad. (2013). Islamic Law & Women Rights in Bangladesh. Social Sciences, 2(2), 22-33. https://doi.org/10.11648/j.ss.20130202.11

Copy | Download

ACS Style

Noor Mohammad. Islamic Law & Women Rights in Bangladesh. Soc. Sci. 2013, 2(2), 22-33. doi: 10.11648/j.ss.20130202.11

Copy | Download

AMA Style

Noor Mohammad. Islamic Law & Women Rights in Bangladesh. Soc Sci. 2013;2(2):22-33. doi: 10.11648/j.ss.20130202.11

Copy | Download

@article{10.11648/j.ss.20130202.11,
  author = {Noor Mohammad},
  title = {Islamic Law & Women Rights in Bangladesh},
  journal = {Social Sciences},
  volume = {2},
  number = {2},
  pages = {22-33},
  doi = {10.11648/j.ss.20130202.11},
  url = {https://doi.org/10.11648/j.ss.20130202.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20130202.11},
  abstract = {The concept of women rights is in fact originated from Islamic jurisprudence although there many debates and arguments on this issue. It is observed that the position of women was ignored since the pre-Islamic customs of the Arabian people in all respects. But after the revelation of the Hoy Quran, it is found that many suras such as the sura An-Nissa, Attin, Al-Mayeda etc.; cover a wide range of women rights. The Christianity, Islam, Hinduism and Communism etc.; emphasizes equal rights to men and women. However, the women rights as guaranteed to the women are not implemented properly due to unconsciousness and ignorance as to the importance of the women, lack of knowledge in Islam etc.; and therefore, the scholars of the Muslim world suggested that the respective government may pass some leading laws empowering the women community such as the Muslim Family Laws Ordinance, 1961; the Muslim Marriage and Divorce Act, 1939; the Family Laws Ordinance, 1985 etc.; which is really significant in this regard. It is being done in the most of the Islamic countries in the world including Pakistan, India, Tunisia, Saudi Arabia, Kuwait, Oman, Bahrain etc. The authority should implement the provisions of the International Bill of Human Rights as to the women rights. In Bangladesh, there are some important laws as mentioned above. This study however, examines the potentialities and constraints of the Islamic Family Laws in Bangladesh focusing on the women rights as applied in in the country based on the primary and secondary sources consisting of 25 respondents in the different criteria such as lecturers, students, primary school teachers, common people, business people, lawyers etc.; in Sylhet.},
 year = {2013}
}

Copy | Download

TY  - JOUR
T1  - Islamic Law & Women Rights in Bangladesh
AU  - Noor Mohammad
Y1  - 2013/04/02
PY  - 2013
N1  - https://doi.org/10.11648/j.ss.20130202.11
DO  - 10.11648/j.ss.20130202.11
T2  - Social Sciences
JF  - Social Sciences
JO  - Social Sciences
SP  - 22
EP  - 33
PB  - Science Publishing Group
SN  - 2326-988X
UR  - https://doi.org/10.11648/j.ss.20130202.11
AB  - The concept of women rights is in fact originated from Islamic jurisprudence although there many debates and arguments on this issue. It is observed that the position of women was ignored since the pre-Islamic customs of the Arabian people in all respects. But after the revelation of the Hoy Quran, it is found that many suras such as the sura An-Nissa, Attin, Al-Mayeda etc.; cover a wide range of women rights. The Christianity, Islam, Hinduism and Communism etc.; emphasizes equal rights to men and women. However, the women rights as guaranteed to the women are not implemented properly due to unconsciousness and ignorance as to the importance of the women, lack of knowledge in Islam etc.; and therefore, the scholars of the Muslim world suggested that the respective government may pass some leading laws empowering the women community such as the Muslim Family Laws Ordinance, 1961; the Muslim Marriage and Divorce Act, 1939; the Family Laws Ordinance, 1985 etc.; which is really significant in this regard. It is being done in the most of the Islamic countries in the world including Pakistan, India, Tunisia, Saudi Arabia, Kuwait, Oman, Bahrain etc. The authority should implement the provisions of the International Bill of Human Rights as to the women rights. In Bangladesh, there are some important laws as mentioned above. This study however, examines the potentialities and constraints of the Islamic Family Laws in Bangladesh focusing on the women rights as applied in in the country based on the primary and secondary sources consisting of 25 respondents in the different criteria such as lecturers, students, primary school teachers, common people, business people, lawyers etc.; in Sylhet.
VL  - 2
IS  - 2
ER  -

Copy | Download