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CEDAW and Legal Polygamy in Bangladesh: A Saga of 'Unjust Inequity' (This Paper was Presented at The 4th Asian Law Institute Conference 'Voices from Asia for a Just and Equitable World' 24-25 May 2007, University of Indonesia, Jakarta, Indonesia)
Bibliografi
Author:
Afroz, Tureen
Topik:
Bangladesh
;
CEDAW
;
the Convention on Elimination of all forms of Discrimination Against Women
Bahasa:
(EN )
Penerbit:
Lembaga Pengkajian Hukum International - Fakultas Hukum Universitas Indonesia
Tempat Terbit:
Depok
Tahun Terbit:
2007
Jenis:
Papers/Makalah - pada seminar internasional
Fulltext:
Tureen Afroz.pdf
(90.18KB;
0 download
)
Abstract
Bangladesh ratified CEDAW (the Convention on Elimination of all forms of Discrimination Against Women) in 1984 with some reservations. On one hand, the Constitution of Bangladesh guarantees equality between men and women in all spheres of state and public life, on the other, private lives of all citizens, under the Constitution, are left to be guided by the personal laws which are essentially based upon religious laws and discriminatory towards women by any standard. According to Muslim religious laws, a Muslim man in Bangladesh is allowed to keep more than one wife at a time, whereas, a Muslim woman cannot keep more than one husband. Further, section 6 of the Muslim Family Law Ordinance 1961, legitimized polygamy of Bangladeshi men, provided certain procedural requirements are met. My paper establishes that the issue of legal polygamy in Bangladeshi Muslim society gives rise to a contradiction between CEDAW provisions and the legal provisions in Bangladesh, as well as, contradictions among various provisions of the Constitution of Bangladesh; contradictions among various Islamic philosophies guiding the Bangladeshi Muslim society; and contradictions between judicial approaches towards dealing with Muslim religious laws and other laws in Bangladesh. Hence, my paper concludes that legal polygamy in Bangladesh creates ‘unjust inequity’ between Bangladeshi men and women.
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