HC points legality of polygamy with out the necessity of creating sure rights under Muslim Regulation

The Vital Courtroom on Wednesday questioned the legality of a space of the Muslim Laws that makes it attainable for male polygamy with no making certain equal authorized rights for a lot of wives. 

The courtroom docket issued a rule asking the anxious our bodies of the government to disclose in 4 months as to why half 6 of the Muslim Relations Legal guidelines Ordinance, 1961 that allows polygamy with out ensuring equal authorized rights for wives shouldn’t be declared contradictory to the Structure. 

Within the rule, the HC additionally questioned the respondents to make clear why they actually shouldn’t be directed to formulate a tenet in respect to the polygamy regulation in Bangladesh. 

Secretaries to the Ministry of Laws and the Ministry of Religious Affairs have been made respondents to the rule. 

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman handed the get adhering to a writ petition submitted by Supreme Courtroom regulation agency Ishrat Hasan robust the legality of Half 6 of the Muslim Family Legal guidelines Ordinance, 1961. 

Authorized professionals Ishrat Hasan and Jamiul Hoque Faisal appeared within the listening to on behalf of the writ petitioners, although Deputy Authorized skilled Fundamental Bepul Bagmar represented the state. 

The petition reported, “The Quran permits polygamy for the male on an issue that he has to make sure equal rights between the wives. Whereas it’s permissible to have as much as 4 wives at a time, the Holy Quran urges to ensure equal authorized rights for all wives. However the provision of the polygamy authorised beneath space 6 of Muslim Household Authorized tips Ordinance, 1961 uncared for the state of affairs of creating certain equal rights for all wives.” 

Ishrat Hasan talked about, “Though the present partner is much more very prone to be harmed by the husband’s polygamy, the Arbitration Council has been introduced absolutely the electrical energy to allow a distinct marriage within the regulation, which infringes on the present spouse’s Constitutional authorized rights.” 

She additional extra stated that the relations courtroom is the correct authority on Muslim Partner and kids Regulation, however important troubles like polygamy have been referred to the Arbitration Council solely, which is in opposition to the elementary rights of gals. 

Within the situation of polygamy in different made Muslim worldwide areas, courtroom’s permission must be acquired simply after listening to the assertion of the present partner and by publishing the certificates of well being and monetary capabilities, she reported. 

“In our place, there is no such thing as a approved acceptable for the Arbitration Council to take witness. So the supply of the polygamy actually ought to be amended,” additional the regulation agency.

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