Explore Divorce and Social consequences across Family Law Religious Perspective in Bangladesh.

FamilyDivorce

  • Author Mohammad Feroze Istiaque Uddin
  • Published December 3, 2024
  • Word count 877

The issue of family law and divorce has always been a contentious topic. In South Asia, as well as elsewhere, there is a growing discontent that family regulations do not allow for gender equality, which is recognized at the international level and within the realm of religious law. Marriage is the primary legal pathway recognized by society, human development, and the nation. All religions encourage both men and women to marry.

While divorce may provide relief from immense suffering for some individuals, in most cases, it shatters dreams, hopes, and the stability of a family, causing immense pain and uncertainty for the future. Nevertheless, divorce is a right that both men and women have, and they can legally end their marital life through divorce. However, in Bangladesh, divorce has become a matter of great concern as it has reached extreme levels. Islam not only supports marriage but also deems it necessary in certain circumstances to protect individuals from infidelity and for procreation. Islam considers marriage one of the most noble and sanctioned institutions.

Similarly, Hinduism also encourages marriage. Ancient Hindu law considers marriage as the final of the ten sacraments. According to Hindu belief, without a child, one cannot enter heaven, and only a child can uplift the spirits of their parents from hell to heaven. Both in Muslim and Hindu religions, men and women have the freedom to marry, which is one of the fundamental rights of all citizens, not only in Bangladesh but also in all countries worldwide. Divorce is the only legal method to end a marriage, which either party can initiate based on specific grounds. While divorce is necessary at times to relieve an individual from suffering or to start a new life with fresh dreams and hopes, it has adverse effects, primarily on children.

Under The Dissolution of Muslim Marriages Act, 1939, a woman married under Muslim law is entitled to seek dissolution of her marriage if her husband has been insane for a period of two years, is suffering from an illness or a venereal disease, regularly abuses her or makes her life miserable through cruel behavior, attempts to force her into an immoral life, and so on. Additionally, divorce was previously considered a consequence of Western industrialist societies. However, recent alarming statistics suggest that divorce rates, known as "talak" in Bangladesh, have been rising rapidly, especially in urban areas like Dhaka, Khulna, and Sylhet. In the five months from June, the capital city witnessed an average of 40 divorces per day, equivalent to one divorce every two hours. Khulna follows closely with an average of 18 divorces per day.Sylhet has encountered a ten times expansion in divorce cases during the initial ten months of the year 2024.

As per the Marriage and Divorce Registration Act of 1974, divorce can be gotten in instances of dire need, yet it presently has all the earmarks of being a trend in our country. A newspaper report dated December 22, 2022, stated that divorce rates had significantly increased in just five months from June to October 2022. During this period, there were 39 divorces per day, amounting to one divorce every two hours. Divorce rates are highest among working married couples. In the first five months of this year, a total of 5,970 divorces occurred in Dhaka, averaging 1,194 divorces per month. Last year, the average was 920 divorces per month. Divorce has increased by 29.78 percent in the first five months of this year compared to the previous year. Chittagong recorded 4,773 divorces this year.

The number of divorces has been steadily rising over the past few years, and married life is being disrupted due to minor disputes. The number of divorce applications filed with the two city corporations in Dhaka is extremely alarming and distressing. Approximately seventy percent of divorce applications come from women, while thirty percent come from men. Divorce rates are higher among educated individuals and lower among the general population. A study conducted from 2013 to 2024 uncovered that the quantity of divorces in the capital was around 70,000, with a normal of 50 to 60 divorce applications submitted everyday. Statistics show that in the first 180 days of 2020, 4,500 divorce applications were filed. Every hour, a divorce application is being submitted to the city corporation, indicating a higher divorce rate in urban areas compared to rural areas of Bangladesh.

In summary, the issue of seeking spiritual or religious assistance, particularly as it differs from other forms of support, has not been extensively discussed, primarily because industrialized societies tend to suppress discussions about the effects of deep-seated religious beliefs. However, this topic is significant, especially in later life when more people lose their partners to death rather than legal separation. Previously, the majority of divorce applicants were male, but now the situation has significantly changed, with almost 70 percent of divorce applicants being female. The major reasons for the increasing divorce rate among women in Bangladesh include mental and physical torture, dowry, spousal drug addiction, domestic violence, lack of mutual trust, extramarital affairs, extended periods of the husband's absence due to work abroad, addiction to Indian TV channels and Facebook, impotence of the husband, and erosion of social and moral values. The increasing divorce rate in Bangladesh is not just a social and family issue; it is a pandemic for the nation that needs to be addressed through proper measures.

Hi, myself Mohammad Feroze Istiaque Uddin, a LLB graduates from North South University. Writing is my hobby and whenever I get time I love to write regarding ongoing matter in my country Bangladesh and around the world.

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