Constitutional Status of Islam(ic Law)

The Constitution was adopted on 4 November 1972. An amendment to the Constitution under President Ziaur Rahman in 1977 removed the principle of secularism that had been enshrined in Part II: Fundamental State Policy, replacing it with "absolute trust and faith in Almighty Allah." The Eighth Amendment of 1988 inserted Article 2A, affirming that "[t]he state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the republic." Some women�s groups challenged this move on the grounds that it risked exposing women to discriminatory laws.

At the same time, state law in South Asia has always afforded recognition to and left a sphere for the application of the family laws of different religious communities. Constitutional protection of women�s rights and the assertion of gender equality comes under the Fundamental Principles of State Policy and is enshrined in Article 10 on the participation of women in national life as well as in Articles 26 to 29 of the section on Fundamental Rights affirming equality of all citizens before the law. This is balanced against the Constitutional protection of minority rights provided for in Article 41 on freedom of religion and the freedom of every religious community or denomination to establish, manage and maintain its religious institutions (subject to law, public order and morality). This affects the significant Hindu minority in Bangladesh (roughly equivalent in proportion to India�s Muslim minority) in addition to Christian and Buddhist minorities.