By Advocate Md. Shah Alam · 2026-04-16 · 8 min read
In Bangladesh, a Muslim man may marry more than once — but the law imposes strict procedural requirements. Ignoring them is a criminal offence. Whether you are a first wife whose husband has taken a second wife, or a second wife uncertain of your legal status, this guide explains your rights under Bangladesh law.
Under Muslim personal law as applied in Bangladesh, a Muslim man may have up to four wives simultaneously — provided he can treat them equitably. However, the Muslim Family Laws Ordinance 1961 (MFLO) significantly restricts this classical permission by requiring government approval before contracting a second or subsequent marriage.
This means: legally permissible in principle, but procedurally restricted in practice. Ignoring the procedure is a criminal offence, not merely a civil wrong. If you need urgent legal advice on a polygamy situation, contact a family lawyer in Dhaka or Uttara immediately.
Section 6 of the Muslim Family Laws Ordinance 1961 provides that no man who is already married can contract another marriage without the prior permission in writing of the Arbitration Council. The relevant provisions:
Grounds the Council typically accepts: first wife incurably ill, physically incapacitated, or unable to bear children — though these are not automatic grounds; the Council exercises discretion.
The Arbitration Council is a statutory body established under the MFLO 1961 at the local government level. For a second marriage application, it must:
If the Council refuses permission, the man cannot legally contract the second marriage. If he does so anyway, it is a criminal offence. The first wife can challenge any Council decision she is unhappy with.
A man who marries a second, third, or fourth time without Arbitration Council permission commits a criminal offence under Section 6(5) of the MFLO 1961:
⚠️ Critically: The second marriage itself is NOT automatically void under Bangladesh law. It may still be valid under Islamic law even if the MFLO procedure was not followed — the criminal liability attaches to the man, not the marriage's religious validity. This distinction is important for the second wife's rights.
Upon the husband contracting a second marriage (with or without Arbitration Council permission), the first wife immediately gains these rights:
A family lawyer in Dhaka can advise on the fastest route to protect your rights when your husband has taken a second wife.
If the second marriage was registered through a licensed Kazi, the second wife has full legal status under Bangladesh law, including:
A second wife's legal position is NOT weaker simply because she is a second wife — her rights under Bangladesh law are equal once the marriage is registered.
Under Islamic law and Bangladesh Family Court practice, a husband who has more than one wife must maintain all wives equally. This means:
Maintenance cases are filed in the Family Court of the area where the wife resides. The court can issue an interim maintenance order quickly to prevent financial hardship pending a full hearing.
Under the Muslim faraid (inheritance) system as applied in Bangladesh, all children of all wives have equal inheritance rights. The father's estate is divided by the faraid rules equally among sons (with daughters getting half a son's share) regardless of which wife is their mother.
A father cannot legally disinherit a child in favour of another wife's children through a will — the faraid rules take precedence. Only gifts (heba) made and completed during the father's lifetime can benefit one child over another.
The property lawyers at our Uttara chambers regularly assist families navigating inheritance from multi-wife households.
Whether you are a first wife or second wife, the legal routes to enforce rights are:
Act quickly — delays in asserting family law rights can complicate your legal position. Contact a family lawyer in Uttara, Dhaka for a confidential consultation.
No. MFLO 1961 requires the man to apply to the Arbitration Council AND give notice to the existing wife. Marrying without this process is a criminal offence punishable by up to 1 year imprisonment and/or fine.
Not necessarily. Under Islamic law the second marriage may still be religiously valid even without MFLO compliance. However, the husband faces criminal liability, and the first wife can claim deferred mahr immediately and seek divorce.
She can object through the Arbitration Council process and the Council may refuse permission. However, she cannot legally prevent the marriage entirely if the Council grants permission or the husband proceeds anyway (accepting criminal liability).
No. Divorce only occurs if she exercises her rights — either through delegated divorce rights in the Kabinnama (tafwid), or by filing for khula. She may choose to remain married.
Yes — she inherits as a wife (1/8 share with children, 1/4 without), shared equally with any other surviving wife. Her children inherit equally with children from other wives.
Apply to Family Court for a maintenance order. The husband must provide equal maintenance to all wives proportional to his income. The court can enforce equality and order arrears to be paid.