Legal Provisions Of Polygamy In Bangladesh: A Comparison Between Muslim Family Law Ordinance 1961 And Islamic Jurisprudence

In Bangladesh, the Family Court established under the Family Court Ordinance, 1985 strictly follows the statutory laws including Muslim the Family Laws Ordinance, (MFLO) 1961. MFLO 1961 provides for a requirement of permission of the first wife (wives) for a second marriage by a Muslim man, among others. Islam is a most comprehensive and flexible system making provisions for appropriately managing under various circumstances and conditions. Polygamy in Islam is one of such provisions. However, this special provision is often found misused. As a result, MFLO 1961 has imposed a kind of restriction in its use by Muslim men in Bangladesh. This has introduced, as intended, a vision that polygamy is ordinarily undesirable and a disrespectful act in the society, unless under some helpless situation. By critically reviewing and observing the Shariah literatures this study aims to critically analyze the Shariah validity and justifiability of this legal provision in restricting polygamy to make it befitting for the changing circumstances in the country.