1. To analyze the religious, legal, and socio-cultural dimensions of Talaq al-Bidah and Hilla marriage within the context of Bangladeshi society.
2. To assess the consistency of these practices with Islamic jurisprudence and the Constitution of Bangladesh, particularly concerning womens rights and dignity.
3. To examine the socio-economic and psychological impacts of these practices on women, including real-life case studies for practical insight.
4. To evaluate existing statutory laws, judicial interpretations, and legal reforms, highlighting their effectiveness and limitations in curbing these practices.
5. To explore classical Islamic sources and their interpretations of divorce and marriage to determine whether these practices are religiously sanctioned.
6. To propose actionable legal, policy, and social reforms, encouraging public awareness and contributing to gender justice and Islamic feminist discourse in Bangladesh.

Talaq al-Bidah and Hilla marriage have faced strong criticism in both Islamic and human rights discourses. An-Naim, (2002) urges a re-interpretation of Islamic law to reflect ethical justice and gender equality, warning that decontextualized readings of Shariah can lead to injustice. Similarly Quraishi, (2008) highlights that the Quranic divorce model promotes gradual reconciliation, and argues that instant triple talaq contradicts both Quranic guidance (Surah Al-Baqarah: 229-232) and the Prophets (PBUH) stance against hasty divorce.

In South Asia Mahmood, (2005) argues that British colonial codification of Islamic personal laws preserved patriarchal interpretations, especially in matters of marriage and divorce. Shah, (2006) adds that Anglo-Muhammadan law deviated from classical fiqh, entrenching practices like Talaq al-Bidah. These colonial legacies persist in post-independence Bangladesh, hindering legal reform and the advancement of womens rights.

Dr. Faustina Pereiras, (2002) work is considered groundbreaking in Bangladesh. In The Fractured Scales, she details how women are disadvantaged by discriminatory legislation and ineffective enforcement systems, which leave them without viable recourse following unjust divorces. Shahdeen Malik, (2010) looks more closely at the courts unwillingness to deal with discriminatory family laws, citing inconsistent decisions and the lack of a unified civil code. According to both writers, religious arbitration committees (shalish) frequently enforce Hilla marriages against the will of women by superseding statutory rights.

NGO reports and empirical research support these scholarly criticisms. Bangladeshi women continue to be divorced via text, phone, or in front of unofficial local officials, a process that leaves them socially and financially ostracized (Human Rights Watch, 2012). After being summarily divorced, women were frequently coerced into Hilla weddings to rejoin with their spouses, frequently without any legal scrutiny or permission, according to scores of examples reported by Ain o Salish Kendra, (2020) and BLAST. Additionally, scholars like Ziba Mir-Hosseini, (2009) argue that misapplication of Islamic legal principles is more a reflection of patriarchal culture than theology itself. She and others within the Islamic feminist movement stress that many harmful practices stem from male-dominated interpretations rather than from authentic Quranic guidance.

This body of literature demonstrates a significant gap between Islamic normative ethics-based on justice (‘adl), compassion (rahmah), and consultation (shura)-and the lived reality of women affected by Talaq al-Bidah and Hilla marriage in Bangladesh. It emphasizes the critical need for interpretative change, legal reorganization, and enforcement mechanisms that promote womens dignity and rights.

Historical Background

The origins of Talaq al-Bidah and Hilla marriage can be traced back to pre-Islamic Arabia, where divorce practices were unregulated, often impulsive, and heavily skewed in favor of men. Islam, through the Quran and the Sunnah, sought to reform these practices by instituting procedural safeguards and emphasizing fairness and deliberation (Kamali, 2008; Esposito, 1982). The Quran prescribes a step-by-step process for divorce, requiring time-bound pronouncements, arbitration, and the observance of a waiting period (iddah) to allow for reconciliation (Quran 2:229-232). Despite these clear guidelines, Talaq al-Bidah-where a man pronounces “talaq” three times in one sitting-was introduced later during the Umayyad period as a punitive administrative policy rather than religious doctrine (Hallaq, 2009; Schacht, 1964). Due to patriarchal interpretations and customs, this practice became deeply ingrained in South Asian Muslim communities, including in Bangladesh, despite being widely criticized and considered irregular by prominent jurists from the Hanafi, Maliki, and Shafii schools (Engineer, 2008; Nasir, 2003).

Similarly, Hilla marriage was initially established to discourage irresponsible divorces by forcing an irreparably divorced woman to marry and consummate another marriage before remarrying her first husband (Quran 2:230). However, in fact, this has devolved into a ritualized procedure that humiliates women and uses them as mere tools in legal gymnastics, frequently without their consent or wellbeing in mind (Ali, 2006; Mahmood, 1972). The British colonial administration, through the Anglo-Muhammadan law system, codified Islamic personal laws with minimal reform, preserving these patriarchal customs without aligning them with Islamic ethical imperatives (Pereira, 2002; Carroll, 1983). As a result, post-independence Bangladesh inherited a fragmented legal framework where these controversial practices persist under the guise of religious legitimacy. Their continued prevalence reflects a lack of critical engagement with both classical Islamic jurisprudence and modern human rights principles.

Socio-Economic and Psychological Impact on Bangladeshi Womens Dignity and Rights

The socioeconomic and psychological effects of Talaq al-Bidah and Hilla marriage for Bangladeshi women are highly disturbing, indicating a systemic violation of their dignity and fundamental rights. For starters, economic hardship is a common effect, since many women are divorced arbitrarily without receiving any financial compensation, alimony, or maintenance, despite the responsibilities stated in both Islamic law and the Muslim Family Laws Ordinance of 1961. Most importantly, the sudden nature of Talaq al-Bidah frequently leaves women financially trapped and reliant on their natal families, who may already be struggling (Human Rights Watch, 2012). Secondly, psychological trauma is profound-women abandoned through instant triple talaq suffer from acute mental distress, anxiety, and depression. The psychological burden is compounded when they are coerced into Hilla marriages, which involve consummating a temporary union merely as a condition to remarry their original husbands-an act widely condemned by Islamic scholars as degrading and un-Islamic (Quraishi, 2008; Esposito, 1982). Thirdly, social ostracism plays a critical role in the marginalization of divorced women. Communities often stigmatize these women, viewing them as failures or liabilities, thereby denying them social support and making remarriage difficult (Chakrabarti et al., 2022). This exclusion affects not only the women but also their children, who suffer from instability and neglect.

Fourth, the violation of dignity and bodily autonomy is perhaps the most troubling aspect. In Hilla marriages, women are reduced to instruments in a patriarchal system where their consent is often coerced, and their bodies are commodified under the guise of religious requirement-a flagrant abuse of Islamic principles which prioritize justice, compassion, and mutual respect in marital relations (An-Naim, 1990; Doi, 1999). 

Finally, the educational impact is significant: a lack of financial and social support frequently results in the inability to provide education for children, especially girls. This maintains a cycle of poverty and gender inequality through generations, weakening Bangladeshs constitutional commitment to gender equity and educational empowerment (Khan & Mozumder, 2001; Huda, 1996). These layers of harm-economic, psychological, social, moral, and generational-demonstrate the critical need to modify behaviors that violate not just Islamic principles but also fundamental human rights.

Statutory Laws, Judicial Decisions, and Classical Islamic Sources Alongside Real-Life Case Studies

In Bangladesh, the statutory, legal, and religious frameworks governing Talaq al-Bidah and Hilla marriage are fragmented and frequently inconsistent, allowing practices that violate womens dignity and rights to continue. The Muslim Family Laws Ordinance (MFLO), enacted in 1961, was the fundamental statutory document that established legal divorce processes. Under Section 7, a husband seeking divorce must give written notification to the Chairman of the Union Council and adhere to a statutory 90-day reconciliation process (Government of Bangladesh, 1961). However, this legal safeguard is regularly ignored in reality, especially in rural and semi-urban regions, where divorces are conducted verbally, by text messages, or even via mobile phones-without legal notice or monitoring (Human Rights Watch, 2012). Notably, Talaq al-Bidah, which entails the threefold declaration of divorce in one sitting, is not officially prohibited by the MFLO, leaving possibility for abuse and informal use.

Bangladeshi courts have attempted to close these gaps through progressive decision. In Kazi Abul Fazal v. State (1985), the High Court ruled that a verbal announcement of talaq without following statutory formalities is not legally legitimate. More subsequent decisions have also stressed procedural compliance, invalidating unilateral and quick divorces that violate due process (Pereira, 2002; Malik, 2011). Despite these judicial developments, enforcement is unequal, particularly at the grassroots level, where local customs and informal religious authority sometimes trump official legal processes (ASK, 2020).

From a theological viewpoint, Islamic scriptures give unambiguous instruction that is commonly misconstrued in traditional practice. The Quran (Surah Al-Baqarah, 2:229-232) requires a systematic divorce procedure that includes two independent announcements, followed by a waiting time (iddah) to allow for reconciliation. The Prophet Muhammad (PBUH) allegedly denounced the practice of giving three talaqs in one sitting, considering it a violation of divine law (Esposito, 1982). Influential Islamic jurists like as Ibn Taymiyyah and Ibn al-Qayyim also argued that a triple talaq should be considered as one, strengthening the view that immediate divorce violates both the text and spirit of Shariah (Hallaq, 2009).

Real-life examples demonstrate the devastating consequences of such misapplications. In Case A, a woman in Sylhet was divorced over the phone while pregnant, with no formal notice or maintenance agreement. She was obliged to return to her maternal home in misery, exposing Talaq al-Bidahs economic and emotional costs. In Case B, which occurred in a small community in northern Bangladesh, local elders organized a forceful Hilla marriage in which the lady was forced to marry a man temporarily, complete the relationship, and be divorced within a week-all in order to allow her remarriage to her previous spouse. Under the pretense of meeting a religious need, this act-which reduced the woman to a transactional object-was performed despite being contentious from a religious standpoint and being uncontrolled by law (ASK, 2020; Khan, 2012). These instances highlight the disastrous results of letting unchecked religious practices dictate personal rules, which frequently run counter to both state law and Islamic morality.

This study employs a qualitative methodology, combining doctrinal legal research and socio-legal analysis to examine Talaq al-Bidah and Hilla marriage in Bangladesh. It analyzes statutory laws, constitutional provisions, and judicial precedents, alongside foundational Islamic texts such as the Quran, Hadith, and Fiqh to assess religious legitimacy. 

A case study approach highlights real-life instances of these practices, revealing their human impact. The research also draws on academic literature, NGO reports, and legal commentaries, using secondary sources to reflect the views of legal experts, Islamic scholars, and affected women. Data from legal texts, religious commentaries, court rulings, and human rights reports inform a comprehensive, interdisciplinary understanding of the issue.

The studys conclusions point to a pattern of systematic unfairness and gender-based discrimination that is extremely alarming and stems from Bangladeshs ongoing practice of Talaq al-Bidah and Hilla marriage. Even though Talaq al-Bidah is incompatible with Islamic law and the constitutional values of equality and nondiscrimination, it is nonetheless often used, especially in conservative and rural areas (Pereira, 2002; Malik, 2010). Women are usually abandoned without due process in this type of divorce, which is frequently granted verbally, over SMS, or through communal pronouncements. This violates the processes specified in the Muslim Family Laws Ordinance of 1961 (GoB, 1961).

Similarly, Hilla marriage, which was initially designed to dissuade impetuous divorce, is routinely abused and institutionalized as a weapon of coercion, reducing women to mere instruments in a male negotiation of reconciliation. Instead of defending womens dignity, it frequently results in humiliation, exploitation, and forced sexual interactions, all disguised as religious legitimacy (Mir-Hosseini, 2009; Quraishi, 2008). Many of these weddings are arranged not by consent, but by community pressure or ecclesiastical requirements, with no adequate judicial monitoring.

Particularly among rural and illiterate people, legal measures intended to protect women, such as obligatory registration, arbitration councils (shalish), and reconciliation efforts, are frequently disregarded or unknown (Ain o Salish Kendra, 2020; BLAST, 2019). Judicial activism has tried to stop these abuses, as seen by progressive higher court opinions that highlight the illegality of quick triple talaq and the necessity of procedural justice (Malik, 2010; Shah, 2006). However, the fragmented and inconsistent application of these efforts undermines their transformative potential.

These behaviors do significant harm to women on several levels. Affected women usually endure economic uncertainty, lack of upkeep or housing, and are branded by their communities as dishonorable or dirty (Human Rights Watch, 2012). Many also face psychological damage and social exclusion, with little access to therapy, legal help, or rehabilitative facilities (ASK, 2020). One of the primary difficulties noted is the ongoing disparity between traditional Islamic jurisprudence and its patriarchal interpretations in popular practice. Classical jurists from the Hanafi, Maliki, and Shafii schools primarily opposed Talaq al-Bidah, calling it a wicked innovation (bidah) even if it was legally effective (Kamali, 2008). However, these nuances are lost in public discourse, replaced by inflexible, male-dominated interpretations that help to sustain patriarchal dominance.

Furthermore, the lack of a unified Muslim Family Law in Bangladesh adds to legal complexity, inconsistency, and judicial discretion, which frequently fails to protect womens rights. While Tunisia and Morocco have updated personal laws to reflect both Islamic principles and modern rights-based norms, Bangladesh has colonial-era frameworks that fail to address crucial challenges (Mahmood, 2005; An-Naim, 2002). Conservative religious groups routinely stymie change efforts, citing divine permission to support the present system. Their opposition to change is fueled by popular misunderstandings, a lack of legal knowledge, and institutional inertia, all of which increase womens vulnerability and helplessness. Finally, it can be said that these findings highlight the critical need for Bangladesh to align Islamic values with modern human rights norms, as argued by authors such as An-Naim, (2002) and Mir-Hosseini, (2009). This is critical to ensuring justice, equity, and the preservation of womens dignity in both law and practice.

Finally, the persistence of Talaq al-Bidah and Hilla marriage in Bangladesh exemplifies a troubling convergence of religious misinterpretation, legal inadequacy, and deep-seated patriarchy. Despite being condemned by ancient Islamic scholars and contradicting Quranic advice, Talaq al-Bidah is still performed, frequently without legal or moral consequences. Similarly, Hilla marriage, which was never intended to be institutionalized, is regularly abused, transforming women into subservient tools for male reconciliation rather than respected legal subjects. These practices create significant psycho-logical, social, and economic suffering, particularly for rural and illiterate women with little recourse to justice. The Muslim Family Laws Ordinance is still being fully enforced, and judicial changes are not being applied uniformly. Conservative resistance, along with little legal understanding, stymies development. This socio-legal reality demonstrates a significant gap between Islamic ethical precepts and their application in everyday life. The state, court, and civil society must work together to change Muslim personal law in a way that respects both Islamic justice and constitutional rights. Legal codification, education, and judicial action must all work together to end these degrading practices. So, therefore, maintaining gender fairness in Muslim family law is a constitutional mandate in Bangla-desh, as well as a religious duty. Therefore, the following constant and very pertinent suggestions are made:

1. A comprehensive and inclusive reform program is necessary to successfully redress the injustices brought about by forcible Hilla weddings and Talaq al-Bidah. First and foremost, the Muslim Family Laws Ordinance (MFLO) has to be amended through legislative reform in order to specifically forbid Talaq al-Bidah and make coerced Hilla weddings illegal. 
2. To maintain consistency and fairness, efforts should be made to create a single Muslim Family Code that is based on both modern rights-based interpretations and Quranic principles. To reduce patriarchal biases in legal interpretation, judicial personnel, particularly those in family courts, must undergo extensive training in gender-sensitive interpretations of Islamic law. 
3. Raising legal awareness through public education efforts would enable women to claim their rights in marriage and divorce. 
4. Furthermore, there is an urgent need to regulate unlawful fatwa issuances in order to prevent the misuse of religious authority. Divorced or abandoned women must have access to support services such as government-funded shelters, legal help, and psychiatric treatment institutions. 
5. Collaboration with non-governmental organizations (NGOs) can strengthen legal help and grassroots outreach, particularly in rural regions. Engaging with progressive Islamic scholars will assist to reinterpret controversial religious standards in accordance with justice and equality. 
6. Media channels should be used to confront harmful customs and spread messages of resilience and transformation. 
7. Therefore, finally, it is critical to collaborate at the grassroots level with local religious leaders and community councils to change ingrained cultural views that perpetuate womens humiliation and disempowerment in a developing and democratic country like Bangladesh. 

M.M.: Conceptualization and composing the manuscripts initial draft, M.N.I.: Investigation, reviewing, abstract writing, supervision, editing, developing the concluding remarks, findings with recommendations, and corresponding with the manuscript, and A.A.M.: Conceived the idea with data collections, and M.L.H.: Developed the methodological notes presented in this paper. 

The authors are first and foremost grateful to the Almighty for granting them the strength, knowledge, ability, and opportunity to conduct this research study. Without His blessings, this work would not have been completed satisfactorily. The authors would like to express their heartfelt appreciation to their mentor, Professor Dr. AFM Mohsin, Department of Law, North Bengal International University (NBIU), Rajshahi, Bangladesh (Former Dean, Faculty of Law and Former Chairman, Department of Law, University of Rajshahi, Bangladesh), for his proper supervision and enthusiastic encouragement. Finally, the authors thank anonymous reviewers and the journal editor for their insightful suggestions and comments that helped to improve the manuscript.

There are no conflicts of interest from the authors end with respect to the research work.