Interfaith Marriages in Bangladesh: Special Marriage and How to do it
Bangladeshi family laws, especially those pertaining to marriage, are mostly governed by the relevant individual’s religion. Muslim law will govern your friend’s marriage-related matters because he is a Muslim, but Hindu law will govern the girl who is a Hindu. Islamic law states that a Muslim man may marry any lady who is a follower of any Kitaab (scripturalist), such as a Muslim, Christian, or Jew. However, polytheists and idol or fire worshippers, such as Hindus, are prohibited from marrying. Therefore, if they adhere to their respective religions, the country’s current legal system regrettably forbids such a marriage.
Interfaith marriage shouldn’t be a huge concern in a subcontinental nation like Bangladesh, based on historical records. In reality, though, the situation is completely reversed. In addition to the social shame that is typically associated with it, Bangladeshi legislation appear to be woefully inadequate in addressing this problem.
According to Article 27 of the People’s Republic of Bangladesh’s Constitution, every citizen is entitled to equal protection under the law and is equal before it. However, equality is a universal right that all people, regardless of their color, religion, or culture, are entitled to enjoy. Theoretically, interfaith weddings should also be protected by this constitutional right. But since many of our laws are really the relics of former British colonial laws, its validity in Bangladesh is not in doubt.
The majority of people in Bangladesh are Muslims. Although Bangladeshi society cannot be described as completely religious, interfaith marriage between Muslims and people of other religions carries a significant social stigma. A Pew Research Center survey from 2008 to 2012 found that only 10% of Bangladeshi Muslims are at ease with their daughter getting married to a Christian. When it comes to his son marrying any non-Muslim girl, the acceptability rate increases to 14. One must first comprehend how marriage and religious affiliation are integrated into Bangladeshi law in order to comprehend this complicated topic.
The fallacy of court marriage
Court marriage is one of the most popular types of marriage in Bangladesh. The idea that marriage can be arranged through the legal system without revealing one’s religious affiliation is a common misperception. In essence, a court marriage is a vehicle that grants legality to the union by a judge’s approval or decree. However, in order to perform a Muslim marriage, a Kazi must be paid a specified amount and registered in accordance with the Muslim Marriage and Divorce Registration Act of 1974 and the Muslim Marriage and Divorce Registration Rules of 1975. Without it, no marriage is permitted in Bangladesh, and the license or judicial declaration serves as an add-on document. All religions, including Hindu, Christian, Buddhist, and others, must go through the same registration process. Although there are no explicit regulations in Bangladesh addressing this matter, it is common practice to register under a religious authority who performs the role of a Kazi.
What the statutes state
Muslims
So what does the law provide for marriage between different religions? For Muslim men and women, the legislation is different. The Special Marriage Act of 1872 permits a Muslim man to wed a Jewish or Christian woman. However, a Muslim girl is not allowed to marry a member of the Jewish or Christian faiths. What does the special act say regarding a Hindu-Muslim or Muslim-Buddhist marriage? The response is that Muslim men are not permitted to wed members of these non-Abrahamic faiths. Nonetheless, there is one exception for Muslim girls under the special marriage laws. Before the marriage, they can declare themselves to be atheists or convert to any other non-Muslim faith. Even within Islam, there are differences in the laws governing Shiite and Sunni marriage, which adds to the complexity.
People who are not Muslims
The Special Marriage Act of 1872 provides relatively different provisions for Hindu, Buddhist, Jain, Sikh, Parsi, and non-believers/atheists in relation to interfaith marriages among the non-Muslim community. According to Bangladeshi legislation, these sects are permitted to marry. Nonetheless, marriages cannot be consummated outside of the aforementioned religions. This means that a Cao-Dai, traditional Chinese, or other religious person cannot wed a Bangladeshi national.
Inconsistencies between the constitution and statutes
Therefore, the equal rights clause in the constitution is actually in conflict with Bangladeshi marriage regulations. Additionally, it violates the Universal Declaration of Human Rights’ Article 16, which declares that “men and women of full age, without any limitation due to race, religion, and ethnicity, have the right to marry and to found a family.”
Furthermore, there is no explicit clause addressing the legality, safeguarding, and guardianship of the child or inheritance rights in relation to interfaith marriage. Therefore, the special marriage statute is no longer effective in safeguarding the interests of cross-marriage.
Stigma in society
Interfaith unions are typically discouraged in Bangladesh. It’s especially challenging because, in principle, Muslims are not permitted to convert or reject their faith. Sharia law stipulates that a person who denounces their religion faces the death penalty. In addition to these complications, interfaith unions are likely to provoke social backlash and conservatism. Even the Bangladeshi government hasn’t done anything to change the rules, which are already broken. Hard-line Islamic terrorist groups have also reportedly voiced their ire and threatened to kill any Muslim who participates in interfaith marriages.
How to proceed
It is strongly discouraged to make any changes that go against one’s religious affiliation. A comprehensive overhaul of the judicial system is required. Three nations with sizable and diverse Muslim populations include Malaysia, Turkey, and Lebanon. In order to have their locks unfold, all three of them have made some sort of bridge through legal actions or compromise.
Population relocation and resettlement strategies will eventually lessen the social divide between different communities because the globe is changing so quickly. Interfaith marriages are also becoming more common, but slowly. Eventually, there will be a pressing need to change the colonial regulations governing interfaith marriages.