BRAC UNIVERSITY

Submitted to:
S.M. Atia Naznin

Submitted by:
Taslima Tanjim ID: 13203026 English And Humanities (ENH)

Essay on Islamization in Bangladesh.

Date of Submission: 19th February 2014.

The main concern of this paper is to find out some grave issue of Muslim Law or Muhammadan Law. First of all, this paper will revel some findings about Islamization and a very brief historical background of Muslim Law. Followed by this, it will show in what way Bangladesh has been Islamized and what are the movements that took place in order to modify Bangladeshs Muslim law. To be more precise, how Islamic liberal movements helped to manipulate Sharia Law. Lastly, the paper will illustrate some comparative studies among The Muslim Personal Law ( Shariat) Application Act 1937 and some other Act relating to Muslims of Bangladesh.

The word Islamization is a newly coined word by western politicians, though the process of Islamization was proceeding long ago while the Prophet Muhammad (peace upon him) was inviting people to accept and practice Islamic lifestyle. In todays world islamization is a process of converting a state or countrys law and lifestyle in to Muslim Sharia law. It is a terminology that insures the maximum spread of Islam all over the world. In other word, in an Islamized society establishment of Sharia Law is obligatory. However, forcing someone or a society to convert them into Islam is not permissible in Islam. The history of Islam stats that, Prophet Muhammad starts getting divine massage from Allah by angle Gabriel on the month of Ramazan in 609 A.D. Thus, he is called the messenger of Allah (God). With the death of Prophet in 632 A.D the divine massage from Allah. This massages from Allah was scattered until Caliph Osman complied it into a book called Quran. This is one of the primary sources of Sharia law. The secondary source of Sharia law is Sunna. Sunna is the traditions followed by the prophet Muhammad (sm). As Rome is not built in a day, Islam has not spread all over the world over night. According to CIA's World Factbook about 23.2% of worlds population are Muslims, which is about 1.6 billion. This whole journey of Islam can be divided under five periods. According to the original constitution of Bangladesh, she was a secular country. However, in 1977 it was amended and Bangladesh was declared as Muslim State. Later, 2010 Bangladesh Supreme Court declared the 5th amendment as illegal and reinstated secularism as one of the basic principles of the Constitution. The current judiciary policy of Bangladesh is very liberal. Though above 80% of Bangladeshi are Muslims, her constitution and judiciary system is fixable toward other three major religions. However, the picture was not this liberal before. Before the colonization by British Moghul Emperors of India practice Muslim law in every aspect of judiciary system. It was not only confined in family or personal matter but also crime and revenue used to govern by Muslim law. However, with the enactment of several Acts by British in favor of both non-Muslims and Muslims, the modern period began in India. Furthermore, Muslim law was not applied completely in every aspect of Muslims habitation. Only personal matters like marriage, dower, gift, will, inheritance etc. were govern by Muslim law. Therefor, we can consider colonization as a liberal movement in Islam at Indian sub continent. Since, Muslim law was partly applied in the society.

The picture did not changed radically after the indecency of India from British rule. The Muslim Personal Law (Sharia) Application Act 1937 is also governing some specific personal matter of Muslims. Section 2 of this Act stats the application of Sharia law and says, all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, maintenance, dower guardianship, gifts, trusts and trust properties, and wakfs are the scope of this act. Section 3 of Muslim personal Law states that one can declare that he wants to governed by this act in regard of questions related to agricultural land, charity, religious endowment, adaption, wills and legacies. On the other hand in pure sharia law there is no probation regarding adaption. It is completely prohibited in Sharia. However, in order to protect the right of an adapted child several laws has bee enacted. Another important contradiction between Muslim Sharia Law and The Muslim family Laws Ordinance, 1961 is about polygamy. According the pure sharia Muslim male is permitted to limited polygamy. In Quran 4:3 Allah is saying to mankind You may marry two or three or four women whom you choose. But if you apprehend that you might not be able to do justice to them, then marry only one wife, or marry those who have fallen in your possession. Moreover, no permission is needed from the previous wives regarding those marriages. On the contrary, section 6(1) of The Muslims Family laws ordinance 1961 implies that, without the permission of previous wife no man can enter into another marriage. Moreover, that permission should me in written form. Furthermore, in sharia law registration of a Muslim marriage is not obligatory. On the other hand section 4 of The Muslim Marriage and Divorce (registration) Act, 1974 insure that Nikah(marriage) is mandatory. Another vital contradiction is witnessed in regard of the age of marriage. According to Mohammedan law as soon as both girl and boy reach to the age of puberty they are competent to inter into a marriage. The age of puberty for both the girl and boy are considered as fifteen years old. On the contrary, Child Marriage Restraint Act 1929 provides the minimum age for marriage for a male is 21 and female is 18 years old. Furthermore, any marriage under this give age will consider as child marriage. Therefor this type of marriage will be considered as void marriage. Here, the sharia law has been modified in very larger scale. Muslim who lives under the fear of Allah wants to establish Sharia Law in society in order to have a rightly guided life. Moreover they believe Sharia has everything that is needed to guide a life properly. In Quran Allah says in Sura Bani-Israel, verse 9: Indeed this Quran guides to the path which is clearer and straighter than any other. However, 100% of the population of Bangladesh is not Muslim. Therefore, Sharia law has been liberalized for the welfare of other religion. These modifications are depriving faithful and obedient Muslim to live under a complete Sharia based law.

To sum up this never ending dissection it can be said that, the believer of Islam will always look for a scope to Islamize this country. However, my personal views are against radical Islamist movements. Moreover, any imposition of Islamization over non-believers is not permissible in Islam. Lastly, for a Muslim sharia law should prevail among all the other state laws.