Question:
What is the process of marriage divorce without cabin (dower) in Bangladesh?
Answer:
In Bangladesh, divorce can be granted without the payment of the dower (Kabin) under certain circumstances, though it is subject to the terms and agreements between the spouses. Here’s how the process works:
- Divorce by Mutual Agreement: If both the husband and wife agree to divorce, they can proceed with mutual consent, and the issue of dower can be negotiated. If the wife agrees to waive her dower (Kabin) or accepts a partial payment, they can file for divorce without the full amount being settled immediately.
- Talaq (Divorce by Husband): If the husband initiates the divorce (Talaq), the wife is generally entitled to the dower agreed upon in the marriage contract. However, if the husband and wife come to an agreement (for instance, if the wife agrees to give up part or all of the dower), the divorce can proceed without payment of the full dower amount.
- Khula (Divorce by Wife): If the wife initiates the divorce through Khula, she can also waive the dower or agree on a reduced amount. In Khula, the wife seeks to divorce the husband in exchange for some consideration, usually financial (such as returning the dower or agreeing on a lesser amount). If both parties agree, the divorce can proceed without the full dower amount being paid.
- Court-Ordered Divorce: If a divorce is contested in court, the court may decide on the dower payment based on the circumstances of the case. The wife is generally entitled to receive the full dower amount unless an agreement is made to waive it or accept a lesser amount.
- Legal Provisions: According to Islamic law, the husband is obligated to pay the dower (Kabin) to the wife upon divorce. However, in cases where the wife agrees to waive her right to the full dower amount (either by agreement or through Khula), she can proceed with the divorce without the full dower payment.