A Research Monograph On Dualism and Application of Personal Laws- The Role of Supreme Court of Bangladesh

In Bangladesh the personal laws are not reformed along with the time. The law which has been old of thousand years how can it match with modern society? As of human being the women also entitle equal right, which the personal law did not realize. It is common knowledge among those reasonably acquainted with law that women are greatly deprived of their rights within the laws that govern crucial aspects of the man and woman relationship: marriage and divorce, custody of children and guardianship rights, alimony and maintenance for divorced women as well as property right. The women have been in total subjugation in male-dominated patriarchal societies. It has been a “natural law” to regard women as the inferior sex and for them to submit to male authority for the smooth functioning of society in its day to day progress.
The personal law of each community determines the private and personal life of Bangladeshis. Bangladesh has accepted reforms or changes only with regard to certain aspects of human conduct and life as being governed by a uniform law applicable to all, irrespective of religious affiliation, while retaining the application of religious law in family or personal matters. In Bangladesh legal system may be said to be pluralistic in the sense that there exists an uniform and non-religious system of law, applicable to all Bangladeshis e .g. criminal laws, land laws etc. while on the other hand personal and private family such as marriage, its dissolution, custody of children and so forth fall within the ambit of the personal law of each religious community. The Constitution of Bangladesh generally reiterates the principles of equality before law, equal treatment and protection of law as well nondiscrimination irrespective of religion, race, caste, gender and so forth. The emphasis is on equality in state and public life. In Bangladesh the lack of implementation of laws has in many situations forced people to take the law into their own hands or in the case of personal matters submit to informal processes outside of the law. An overall lack of confidence in the legal system seems to be on the increase. In order to regain the confidence of the citizens it is necessary that the law be made user-friendlier. Reforms in procedural as well as substantive laws may be necessary for this purpose.

1.2: Objectives of the Study:

The present research is an attempt to evaluate the history and application of personal laws and assess the effectiveness of the legal provision of personal laws in Bangladesh. The present study is also aimed to tracing out the problems and prospects of personal laws from legal point of view. More specifically the study will have the following objectives.

1. To analyze and evaluate the origin and development of personal laws in Bangladesh from historical perspective.

2. To analyze and evaluate the existing legal provisions relating to the establishment and operation of personal laws in Bangladesh

3. To examine the functions of the personal laws in the light of the existing legal provisions in Bangladesh.

4. To trace out the positive and negative sides of the personal laws system in Bangladesh from legal point of view.

5. To recommend appropriate measures in the light of the findings of the present research work.

6. To compare the practice of theorem statutory aspects of personal laws in Bangladesh where promise kept through legal insertion.

Methodology of the Study:

Methodology is a means of an inquiry in order to achieve the purposes in a meaningful way. In In conducting this Study, mainly qualitative method is applied in analyzing the issues to share views, develop new formulations and interpretations of the practices. For collecting the primary information for this research secondary sources have been used including books, legislations, journals, seminar papers, thesis report and other related articles and constitution of the People's Republic of Bangladesh, the official Gazette and International Conventions are used as primary sources. In case of need other related works would also be carried out.