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Rising divorce rates signal deeper social crisis 

Published : Thursday, 20 March, 2025 at 12:00 AM  Count : 424
Advocate Seraj Pramanik
Divorce is a growing social issue in Bangladesh, impacting families, individuals, and society at large. Beyond the legal and financial struggles, divorce takes a heavy emotional toll, especially on children. The trauma of a broken home can last a lifetime, shaping the way individuals view relationships, trust, and stability. The rising divorce rates in Bangladesh call for an urgent need to address its root causes, which include domestic violence, financial exploitation, and infidelity, through awareness, legal support, and societal change. A healthy society begins with strong, respectful relationships, and marriage is the cornerstone of civil society. Thus, no aspect of the laws and institutions governing marriage and divorce can be of greater importance than those that regulate the formation and dissolution of this vital social contract.

Marriage is the foundation of a stable family life, and Islam strongly emphasizes its preservation. Islamic teachings insist on the continuation of marriage and discourage its dissolution. However, Islam also recognizes that in certain circumstances, separation may become necessary. The Prophet Muhammad (PBUH) declared that among the things permitted by law, divorce is the most detestable. While divorce is discouraged, it is sometimes a necessity when a couple can no longer live together in harmony. In such cases, Islamic law permits separation based on the inability of spouses to coexist peacefully, rather than attributing blame to a specific party.

One of the most debated aspects of Islamic divorce laws is the perceived power imbalance, wherein a husband can unilaterally divorce his wife. Historically, Islam reformed divorce practices by restraining the husband's absolute power and granting women the right to seek separation on reasonable grounds. Over time, further efforts have been made to ensure fairness in divorce proceedings. The Prophet himself discouraged arbitrary divorce, as it undermines family stability and negatively impacts the upbringing of children.

In present-day Bangladesh, divorce is governed by laws that regulate its three stages: before issuing a divorce notice, during the 90-day statutory period, and after the statutory period expires. Divorce is the only legal way to terminate a marriage apart from the death of a spouse. However, it has long-term consequences, not only for the separating couple but also for their families and children. The legal process often leads to complications, requiring the involvement of divorce lawyers who assist clients in navigating legal challenges and safeguarding their rights.

The primary law governing Muslim divorces in Bangladesh is the Muslim Family Laws Ordinance, 1961. This codified law applies exclusively to Muslims, while different laws exist for Christians and Buddhists. However, there is still no codified divorce law for Hindus in Bangladesh. The legislative framework for divorce in Bangladesh considers personal laws, particularly Shariah law for Muslims. Unlike in Western countries, where divorce often requires legal representation, many Bangladeshis do not hire lawyers, due to economic and social constraints.

When one party seeks divorce, the other often resists, leading to legal disputes. A common concern among men initiating divorce is whether their spouse can file a criminal case against them. Legally, a husband has the right to divorce his wife, but in practice, 90% of cases where a husband serves a divorce notice result in the wife filing criminal charges. These cases often involve allegations of dowry demands, which are prosecuted under the Women and Children Repression Prevention Act of 2000. Typically, such cases are filed before a magistrate, who may direct the police to investigate and take legal action.

The divorce process for both husbands and wives (if delegated in the marriage contract) follows three steps: Issuing a written notice of divorce. Attending (or not attending) arbitration proceedings. After 90 days, obtaining a divorce registration certificate from a registered Nikah Registrar (Kazi).

Issuing a divorce notice implies that the dower (Mohrana) has been paid. However, in many cases, the full amount remains unpaid, making it the responsibility of lawyers to ensure payment before finalizing the divorce. Additionally, husbands must provide three months' maintenance (Iddat) for their wives and financial support for their children. To avoid lengthy court battles, lawyers often mediate negotiations to settle financial matters amicably. Although women can initiate divorce under specific legal provisions, they are not required to pay dower money to their husbands but are responsible for their minor children's maintenance.

Under Islamic law, a Muslim man can marry a Christian woman, but a Muslim woman cannot marry a non-Muslim. Moreover, men are permitted to marry multiple wives with permission from an Arbitration Council, whereas women cannot. Violating this rule is considered a serious offense. These disparities highlight the gender-based inequalities in marriage laws, which continue to spark debate among legal scholars and human rights activists.

For women, the same divorce procedure applies if they have been granted the right to divorce in their marriage contract. The Muslim Family Laws Ordinance, 1961, recognizes two forms of divorce: Talaq Ahsan and Talaq Hasan. Critics argue that Islam grants husbands unchecked power to divorce without cause. However, history shows that withholding divorce often leads to greater suffering. In such cases, the ability of women to seek separation is a vital safeguard. No legal system can ensure happiness, but humane laws can minimize suffering. When a marriage becomes irreparable due to misunderstandings, cruelty, or infidelity, divorce can provide a much-needed escape.

While divorce is widely regarded as a social evil, it is sometimes necessary to protect individuals from toxic and harmful relationships. Maintaining an unhappy marriage can be more destructive than separation. That is why the Quran permits divorce-to free individuals from unbearable unions and enable them to seek a better future. However, divorce must be handled with care to minimize its negative impact on families and children.

Bangladesh's judiciary has taken steps to curb arbitrary, unilateral divorces by Muslim husbands and has affirmed women's right to challenge such divorces. Although legal recourse exists, many women lack the awareness, financial resources, and community support to contest unfair divorces. Educating women about their legal rights and improving access to justice is crucial. Moreover, societal attitudes toward divorced women need to change to prevent stigma and discrimination.

The rising divorce rates in Bangladesh signal a deeper social crisis that requires urgent intervention. While divorce remains a necessary option in certain circumstances, efforts should be made to strengthen marital relationships and promote mutual respect. Addressing the root causes of divorce-domestic violence, financial instability, and infidelity-through education, legal reforms, and social initiatives can help build a more stable society. Ultimately, marriage should be based on love, trust, and mutual understanding, and when those elements are lost, legal avenues must be available to ensure a just resolution for all parties involved.

The writer is PhD researcher, human rights activist and lawyer in Bangladesh Supreme Court


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