Property rights in Bangladesh are largely regulated by personal laws, yet the actual implementation often falls short in safeguarding women’s property entitlements. Matrimonial rights, including maintenance and dower, are challenging for women to secure, with many not receiving alimony post-divorce. Additionally, some women voluntarily forego their inheritance to maintain family unity. National statistics reveal that only 4 percent of landowners are women, leading to economic vulnerability, especially post-divorce, and perpetuating gender disparities. This financial instability can coerce women to stay in abusive marriages.
In the realm of family laws, disparities exist such as Muslim daughters inheriting half of what sons receive, and limited ownership for women under Hindu law. Introducing the “constructive trust” principle within Bangladesh’s family law system could ensure fair treatment for women in matrimonial property matters. This principle recognizes a wife’s contributions, whether financial or domestic, and grants her a just interest in matrimonial property, even if registered solely in the husband’s name.
Matrimonial property rights encompass women’s abilities to own, access, control, dispose of, transfer, and receive income shares from jointly cultivated land and businesses. Assets acquired through mutual contributions during marriage are deemed matrimonial property, excluding pre-marital assets or individual inheritances. These rights apply regardless of which spouse initiated the divorce.
Various Muslim-majority jurisdictions, like Malaysia, Brunei, Indonesia, Singapore, and Turkey, have acknowledged women’s rights in matrimonial property. For example, Malaysia’s Islamic Family Law allows for the division of jointly acquired assets upon divorce. In Bangladesh, the Hefzur Rahman case raised the issue of post-divorce maintenance, but the final ruling only pertained to the iddat period, not property distribution.
The constitution permits judicial innovation to protect vulnerable parties’ rights, with specific articles emphasizing equality before the law and gender equality. The Trusts Act of 1882’s Section 94 advocates for protecting the entitled party’s rights when someone holds property not entirely for their benefit, potentially supporting claims for constructive trust in marital property disputes.
Recognizing women’s unpaid contributions to domestic labor, childcare, and household management as crucial to family sustenance emphasizes the need for equitable recognition of matrimonial property rights. Achieving gender equality necessitates a shift where men actively support and participate in upholding women’s rights in property matters.
