Laws and Conditions for Second Marriage in Bangladesh
Although Islam permits Muslim men to have more than one wife, this permission is strictly regulated and conditional under Bangladeshi law. According to the law, a man cannot remarry without proper permission — if he does, the marriage is not invalid, but it is considered a punishable offense. Let’s explore the detailed laws, conditions, and procedures regarding second marriages in Bangladesh.
Main Law Regarding Second Marriage
In Bangladesh, marriage, divorce, and other family matters among Muslims are governed by the Muslim Family Laws Ordinance, 1961.
According to Section 6 of this Ordinance:
“No man shall, during the subsistence of an existing marriage, contract another marriage without the prior permission in writing of the Arbitration Council and without the consent of the existing wife or wives.”
Steps for Performing a Second Marriage
Submit a Written Application
- The husband must apply in writing to the local Union Parishad or Municipality Office.
- The application must include the name and address of the current wife and the reasons for the proposed second marriage.
Formation of Arbitration (Salish) Board
- The board includes a Chairman and representatives from both parties.
Verification of Wife’s Consent and Marriage Reason
- The board investigates the necessity of the marriage and the consent of the existing wife.
Obtaining Permission
- If the board grants permission, the second marriage can be performed legally.
- Marrying without permission can lead to legal complications.
Required Documents for a Second Marriage
- Written consent of the first wife (or explanation if consent is not given)
- Application to the Chairman or Mayor
- Applicant’s National ID card
- Copy of previous marriage registration (Kabinnama)
- Witness information and proof of marriage
Consequences of Marrying Without Permission
If a man marries without the wife’s consent and without the Arbitration Board’s permission:
- He may face up to 1 year of imprisonment, or a fine up to 10,000 BDT, or both.
- The first wife may file for divorce or compensation.
- The marriage registration may be suspended or canceled, though the marriage itself remains religiously valid.
Legal Status Based on Situation
| Situation | Legal Status |
|---|---|
| Wife’s consent and board’s permission obtained | ✅ Valid |
| Board’s permission granted but wife did not consent | ✅ Valid |
| Secret marriage without any permission | ❌ Punishable offense |
| First wife deceased or divorced | ✅ Permission not required |
Islamic Perspective
Islam allows a man to have up to four wives, but only under strict conditions:
“If you fear that you will not deal justly [with them], then marry only one.”
(Surah An-Nisa, Ayah 3)
This means a man must have the ability to maintain justice, equality, and financial support for all wives. If not, second marriage is discouraged.
Inheritance Laws After Second Marriage
According to Islamic inheritance laws in Bangladesh, all legitimate wives share equally in their husband’s estate.
Example:
- If a man has two wives and children, both wives will share 1/8 of the total estate equally.
- If the man has no children, both wives together will share 1/4 of the estate equally.
Frequently Asked Questions (FAQ)
Q1: Is written consent from the first wife required for a second marriage?
A: Yes. Written consent from the first wife and permission from the Union Parishad Chairman are required by law.
Q2: What if the first wife refuses to give consent?
A: The matter is referred to the Arbitration Board, which can still grant permission if the reason is justified.
Q3: Is court approval needed even with the wife’s consent?
A: Yes. Permission from the Arbitration Board via Union Parishad or Municipality is mandatory.
Q4: Does the second marriage require a separate Kabinnama?
A: Yes. Each marriage must have a separate, legally registered Kabinnama.
Q5: Do children from the second wife have the same inheritance rights?
A: Yes. All legitimate children have equal inheritance rights under Islamic law.
Conclusion
In Bangladesh, second marriage is not only a matter of religious allowance but also a legal process. Without proper permission, consent, and registration, it is treated as a violation of law and may lead to punishment.
Therefore, anyone considering a second marriage must strictly follow all legal and procedural steps to avoid future legal or family complications.