Muslim Mother’s Right to Guardianship of Minor Children in Bangladesh: Questing for a Sustainable Legal Framework

In Bangladesh, family matters of individual religious communities are typically administered by corresponding religious laws. Notably, Muslim family law in Bangladesh demonstrates a significant effort by the courts to apply traditional principles to modern circumstances. The legal framework for guardianship of minors originally emerged under the Roman law and Islamic Law in Bangladesh has also addressed the issue in a progressive and dynamic manner. During the British colonial rule in the Indo-Pak Subcontinent, the primary legislation governing the guardianship and custody of children in Bangladesh was enacted, keeping the personal laws intact. The law apparently favors fathers and tends to grant them absolute guardianship of minors, often overlooking the best interests and betterment of the children. However, today’s social landscape is altogether different from that of 1890 when the law was developed. Every International convention related to children consistently emphasized the importance of prioritizing the principle of welfare in child related legal matters. Many Muslim-majority countries have updated their statutory laws and granted equal rights to both parents in matters of guardianship and custody. Therefore, this article, through qualitative data analysis, attempts to shed light on specific sections of the Guardians and Wards Act, 1890 that require to be amended urgently. The proposed amendments seek to ensure that both fathers and mothers have the right to guardianship of minors to ensure the welfare of the child involved.