Muslim Family Laws Ordinance 1961: Section-by-Section Guide for Bangladesh

In this guide: Section 4: inheritance of orphaned grandchildren · Section 6: second marriage · Section 7: talaq, notice and 90 days · Section 8: khula and delegated divorce · Sections 9 and 10: maintenance and dower

The short answer

The Muslim Family Laws Ordinance 1961 regulates key parts of Muslim family life in Bangladesh. Section 4 lets the children of a son or daughter who died before the grandparent inherit the share their parent would have taken. Section 6 requires the Arbitration Council’s written permission for a second marriage. Section 7 makes talaq effective only 90 days after written notice to the union parishad or city corporation Chairman, with a copy to the wife. Section 8 applies the same process to khula and delegated divorce. Sections 9 and 10 cover maintenance and dower.

Section 4: inheritance of orphaned grandchildren

Under classical Hanafi law, a grandchild whose parent died before the grandparent was excluded if the grandparent had a surviving son. Section 4 changed this: the children of the predeceased son or daughter take, between them, the share their parent would have received if alive. This applies in every succession case and is often missed in warish certificates and partition deeds.

Section 6: second marriage

A married man cannot marry again without the written permission of the Arbitration Council, made up of the Chairman and a representative of each side. He must apply with reasons and state whether his existing wife or wives consent. If he marries without permission:

• he must pay the entire dower of his existing wife or wives at once;
• he commits an offence punishable with imprisonment up to one year, a fine of up to Tk 10,000, or both; and
• the existing wife can seek divorce under the Dissolution of Muslim Marriages Act 1939.

The second marriage itself is not void, but it should not be registered without the permission.

Section 7: talaq, notice and 90 days

1. A husband who pronounces talaq must give written notice to the Chairman as soon as possible, and send a copy to the wife.
2. Within 30 days the Chairman forms an Arbitration Council to attempt reconciliation.
3. The talaq takes effect 90 days after the Chairman receives the notice, unless revoked earlier. If the wife is pregnant, it takes effect at the end of the 90 days or the pregnancy, whichever is later.
4. Failing to give notice is an offence punishable with imprisonment up to one year, a fine of up to Tk 10,000, or both.
5. The couple can remarry each other without an intervening marriage (hilla), up to the third talaq.

A talaq notice should state the names and addresses of both spouses, the date of the nikah and the kabin registration details, the date of pronouncing talaq, and the husband’s signature. Send it by registered post with acknowledgment and keep the receipts.

Section 8: khula and delegated divorce

Where the wife has the delegated right of divorce (talaq-e-tafweez, column 18 of the kabinnama) or the spouses agree on khula, section 8 applies the section 7 procedure: written notice to the Chairman, a copy to the other spouse, and the 90-day period. The divorce is then registered with the Kazi.

Sections 9 and 10: maintenance and dower

• Section 9: a wife who is not maintained, or not maintained equally with other wives, can apply to the Chairman. The Arbitration Council can certify the amount, which is recoverable as arrears of land revenue. In practice most wives now claim maintenance in the Family Court under the Family Courts Act 2023.
• Section 10: if the nikahnama does not say how dower is to be paid, the entire dower is presumed payable on demand.