The Legal Process of Plural Marriage in Bangladesh: The Muslim Family Laws Ordinance 1961

Although plural marriage is permitted in Bangladesh from the viewpoint of Shariah, state law has a specific procedure for it. Not following this procedure carries a risk of punishment, and it also creates complications for the legal protection and registration of the wife and children. General information is given here in brief.

Caution: This is not legal advice. Before applying, check the current rules by speaking to the local Union Parishad / Pourashava office and a lawyer.

What the law says

The main content of Section 6 of the Muslim Family Laws Ordinance, 1961:

1. While an existing marriage subsists, no one may contract another marriage without the prior written permission of the Arbitration Council. Such a marriage is also not registrable without permission.
2. The application is made to the Chairman, in the prescribed manner and with the fee; the application must state the reason for the proposed marriage and whether the consent of the existing wife or wives has been obtained.
3. The Chairman directs the applicant and the existing wife to nominate representatives. If the Council is satisfied that the proposed marriage is necessary and just, it may grant permission with the necessary conditions.
4. A party aggrieved by the Council's decision may seek revision within the prescribed time.

What can happen if a man marries without permission

• The mahr of the existing wife or wives (prompt and deferred) must be paid immediately.
• On complaint, there can be simple imprisonment of up to one year, a fine of up to ten thousand taka, or both.
• An obstacle to registration, and later complications in proving the rights of the wife and children.

Reconciling Shariah and law

Many scholars say that in a mubah matter the state may impose reasonable conditions and that following them as a citizen is beneficial. Shariah permissibility and legal obligation are separate questions; but taking needless legal risk, especially when it affects the rights of wife and children, is not a sign of wisdom. Read also: Is the first wife's permission necessary for a second marriage?

The Qur'an commands obedience to responsible authority in lawful matters (and there is no obedience in a command to sin — that condition always applies):

O you who believe! Obey Allah, obey the Messenger and those in authority among you. — (Surah An-Nisa, 4:59)

In light of this principle, many scholars consider it beneficial to follow the lawful administrative rules set to protect the rights of wife and children.

Documents to have ready when applying

• National ID / birth registration certificate (of the husband and the proposed bride).
• A copy of the Nikahnama of the existing marriage.
• A statement of the reason for the application and of financial capacity.
• Proof of the wife's consent (if any).
• Information about the bride of the proposed marriage.

(The actual list may differ according to the local office's instructions.)

Registration after the marriage

Once the marriage is complete, register it through a licensed Nikah Registrar (Kazi); this is important evidence for the child's paternity, inheritance and the collection of the wife's mahr. Details: The Nikahnama and marriage registration.

A word for women

If you receive a proposal to be a second or third wife, it is your right to ask whether the groom is following the legal process. For your own and your children's security, get written assurances about the Nikahnama, mahr and housing.

How the Arbitration Council decides

By law the Council considers whether the proposed marriage is "necessary and just". In practice, the matters that usually come up (the exact criteria depend on local rules and the Council's discretion):

• The applicant's reason — such as the wife's long-term illness, not having children, or the wife's consent.
• Financial capacity — the ability to run more than one household.
• The position of the existing wife and the opinion of her representative.
• The rights and security of the existing wife and children.

Common mistakes when applying

1. Incomplete information: a vague account of the reason or the financial situation.
2. Hiding the wife's position: lying about whether consent has been obtained — this is a risk both legally and in Shariah.
3. Ignorance of fees and rules: not learning the updated rules from the local office.
4. Ignoring the time limit: missing the time limit for revision.

Legal steps after the marriage

• Register through the Nikah Registrar and keep a copy of the Kabinnama (registration).
• Keep a written record of the mahr (mahr).
• When a child is born, keep the parents' details correct in the birth registration.
• If the question of divorce arises in the future, follow the rule of notice to the Chairman (Talaq and khula).

Women's rights: what is good to know

If you are the existing wife and your husband speaks of a second marriage, the law gives you the opportunity to nominate a representative, your mahr right is protected, and if the marriage takes place without permission, a right to immediate payment of the mahr arises. If you are the proposed second or third wife, you may ask whether the legal permission has been obtained (10 questions if you want to become a second wife).

A practical caution

To avoid legal complications, consult an experienced lawyer and the local Union Parishad / Pourashava office before marrying. There is always a possibility of the law being amended; check whether the rules have changed by the time you read this.

For Shariah guidance, contact us.