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Family Law

The leading authority on all aspects of family law

01 SEP 2014

The 'welfare of the child' in Shari'a law: an analysis of child custody law and practices in Bangladesh from a feminist perspective [2014] CFLQ 283

Keywords: Shari'a law - custody - children - feminism - gender equality - Bangladesh

This article seeks to draw attention to some of the recent cases relating to child custody law in Bangladesh where, deviating from orthodox Shari'a rules, courts have looked to 'the welfare' of the child in determining which parent shall have custody. In studying the recent 'welfare of child' standard that has been advanced by the courts in Bangladesh, the article claims to explore its implications for Muslim women from a feminist perspective.
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