Bangladesh Journal of Bioethics 2010; 1(1):9

Gender Equity and Economic Empowerment: Women and Ethical/Religious Family Law in Bangladesh
Prof Dr Taslima Monsoor, Professor, Dept. of Law, Dhaka University

Email: taslima_monsoor@hotmail.com                                                 

Women suffer the denial of land and property rights in Bangladesh. They are severely restricted to acquire property 
although they have the ability. The core of the problem is that many women in Bangladesh today are deprived of the 
rights granted by the ethical/religious and statutory family laws. Prominently, women are deprived of their rights of 
inheritance, maintenance and dower. The study of gender and property rights under Islamic and ethical law is a 
complicated one, which has been hardly explored; an attempt is however, made in this article. 

The Constitution of Bangladesh gives gender equality but the Personal Laws give gender equity, then how can the 
Personal  Laws  exist?  First,  article  149  states  that  all  existing  laws  shall  continue  to  have  effect,  second,  the 
constitutional clause of sexual equality [under article 28(2)] only applies to the public sphere third, article 28(1) 
provides freedom of religion. Finally,  the directive principles of state policy,  gives preference to Islam as state 
religion. Thus, the Constitution itself protects Religio-Personal Laws. 

The primacy given to custom has worked to the detriment of Muslim women and a shift to ethical and religious 
Sharia law of property and succession would be a positive step. In a legal project, it seems appropriate to conclude 
that a better-sensitised judiciary could empower and protect women from economic deprivation. 

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mailto:taslima_monsoor@hotmail.com