Arbitrary Divorce in Islamic Sharia and Bangladeshi Family Law: A Maqasid-Based Analytical Study

Abstract

Abstract
This study, “Arbitrary Divorce in Islamic Sharia and Bangladeshi Family Law: A Maqasid-Based Analytical Study”, examines the phenomenon of arbitrary divorce as a threat to family stability and social cohesion. Adopting a descriptive-analytical comparative approach, it contrasts Sharia’s substantive safeguards—which prohibit divorce without legitimate cause and protect women’s rights—with Bangladeshi Family Law, which largely emphasizes procedural aspects and leaves substantive gaps. The findings reveal that while the law grants women the theoretical right to compensation, its effectiveness is undermined by evidentiary, social, and judicial constraints. The study concludes by recommending comprehensive legislative reforms that integrate Sharia’s objectives of justice, equity, and family preservation into the national legal framework.

Keywords: Arbitrary divorce, Islamic Sharia, Bangladeshi Family Law, women’s rights, legal reforms.