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ADR under Muslim family laws ORDINANCE

ADR under Muslim family laws ORDINANCE

by Tulona hossain mim -
Number of replies: 0

The Chairman/Mayor within 30 days, to form the Arbitration Council, will inform both parties to send particulars of their representatives within 7 days. With the nominated representatives the Chairman/Mayor will form the Council. This Council will call both parties for dialogue, attempting to resolve the dispute. If the couple comes to a consensus that they will continue the marital relationship, the divorce application will not be effective. In case of no-consensus, the divorce will be effective within 90 days after receiving the notice.

In Jesmin Sultana v Mohammad Elias (1997 (17) BLD 4), the Court ruled that Section 6 of the MFLO prohibiting the contracting of a polygamous marriage without the prior permission of the Arbitration Council is against the principles of Islamic law. The Court stated that Muslim jurists and scholars are nearly unanimous in the view that it is practically impossible to deal with co-wives justly, and so the Quranic injunction that a second wife may be taken under specific conditions is virtually a prohibition.

According to Section 9, if without any valid reason, a husband neglects his wife and do not pay adequate maintenance or if there is more than one wife and he is not able to give them maintenance equally or if the husband without any valid reason declines to give any maintenance to his wife then the wife can file a petition to the Chairman/Mayor claiming her right to maintenance.

During a recent study facilitated by the Madaripur Legal Aid Association (MLAA) and Bangladesh Legal Aid & Services Trust (BLAST) some common findings came out. They are:-

1.Lack of awareness

2.One law but many practices

3.Raising the level of awareness regarding the MFLO

4.Reviewing and revising the mandate 5.under MFLO.

6.Ensuring capacity building

7.Monitoring and coordination of services

8.Digitizing services