Post by account_disabled on Jan 10, 2018 10:23:04 GMT
The Shariat Application Act of 1937, based on a rigid interpretation of Shariat, is part of the judicial legacy of colonial government. Under pressure from Islamic parties, the British government during the 1930s enacted a series of laws to satisfy them, instilling theological laws that have remained intact even in the 21st century.
Over the years, these laws have been amended, starting with Ayub Khan's Muslim Family Laws Ordinance of 1961, and legislations such as the Child Marriage Restraint Act, the Dowry Prohibition Act, and the Oppression of Women and Children Act.
These acts, though encouraging the rightful practice of Islam, have ameliorated women's status from that of the Shariat Act -- however, in a democratic country, all of these laws have only served to hinder the true process of democratisation, especially regarding the equality of sexes, and with this, have also tarnished the egalitarian nature of Islam.
With its laws regarding marriage and inheritance rights, The Shariat Application Act is not only contradictory of the constitution, but is unlawful (according to this document upon which our country is founded). The constitution declares that every Bangladeshi citizen, regardless of sex, race or religion, has equal rights in all spheres of activity. The Shariat Application Act blatantly denies women the birthrights that they should be guaranteed as citizens of a democracy.
From the inheritance laws, which give a son double the share of a daughter, to the marriage laws, which designate the decision over the right to divorce to a woman's fiancé, the act is prejudiced against almost half of the country's 140 million people (it should be noted that a woman's right to divorce, khula, is guaranteed in Islam). It also severely hinders the development of women by not preaching equality in law. If the government cannot recognise women as equals, how can one expect the people to? If the government refuses to discredit socio-cultural prejudices, as they have done by not amending the act, society will continue to hold bigotries that degrade women and entrap them in an inferior status.
Fro More Reference: Business consulting video
Over the years, these laws have been amended, starting with Ayub Khan's Muslim Family Laws Ordinance of 1961, and legislations such as the Child Marriage Restraint Act, the Dowry Prohibition Act, and the Oppression of Women and Children Act.
These acts, though encouraging the rightful practice of Islam, have ameliorated women's status from that of the Shariat Act -- however, in a democratic country, all of these laws have only served to hinder the true process of democratisation, especially regarding the equality of sexes, and with this, have also tarnished the egalitarian nature of Islam.
With its laws regarding marriage and inheritance rights, The Shariat Application Act is not only contradictory of the constitution, but is unlawful (according to this document upon which our country is founded). The constitution declares that every Bangladeshi citizen, regardless of sex, race or religion, has equal rights in all spheres of activity. The Shariat Application Act blatantly denies women the birthrights that they should be guaranteed as citizens of a democracy.
From the inheritance laws, which give a son double the share of a daughter, to the marriage laws, which designate the decision over the right to divorce to a woman's fiancé, the act is prejudiced against almost half of the country's 140 million people (it should be noted that a woman's right to divorce, khula, is guaranteed in Islam). It also severely hinders the development of women by not preaching equality in law. If the government cannot recognise women as equals, how can one expect the people to? If the government refuses to discredit socio-cultural prejudices, as they have done by not amending the act, society will continue to hold bigotries that degrade women and entrap them in an inferior status.
Fro More Reference: Business consulting video