Islamic Family Law in Bangladesh

by Barrister Tahmidur Rahman | Sep 11, 2026

Private Client & EmploymentMuslim personal law, applied with care9 min read

Islamic Family Law in Bangladesh

Islamic family law advice for Muslim families in Bangladesh and abroad: we guide marriage contracts, dower and maintenance, talaq, khula and court dissolution, custody and guardianship, inheritance shares, hiba and waqf, combining knowledge of classical rules with the statutes and court practice that apply today.

Islamic Family Law in Bangladesh: Islamic family law with TRW & Co
Matter planPrivate Client & Employment
  1. Understand the family
  2. Explain rights clearly
  3. Negotiate or litigate
  4. Record and implement
Overview

How Islamic family law applies in Bangladesh today

Islamic family law in Bangladesh governs marriage, divorce, dower, maintenance, guardianship, inheritance, gifts and waqf for Muslims, who form the large majority of the population. The Muslim Personal Law (Shariat) Application Act 1937 confirms that Muslim personal law applies to these matters, and the Hanafi school is followed by most Bangladeshi Muslims. Statutes such as the Muslim Family Laws Ordinance 1961 and the Dissolution of Muslim Marriages Act 1939 modify classical rules. Our private client and family lawyers advise on how these sources fit together in practice for each family. Keep marriage, dower and property documents together.

Marriage is a contract, and the kabinnama, the registered marriage contract, is the most important document in most Islamic family law matters. It records the dower, whether prompt or deferred, any delegated right of divorce given to the wife, and conditions agreed by the parties. Registration under the Muslim Marriages and Divorces (Registration) Act 1974 is compulsory, and failure to register is an offence, although it does not by itself make a marriage invalid. The Child Marriage Restraint Act 2017 sets minimum ages for marriage. We review kabinnamas before and after marriage and advise on their legal effect.

The Muslim Family Laws Ordinance 1961 introduced important protections. A husband who wishes to take a further wife must apply to the Arbitration Council for permission, and contracting a second marriage without it is an offence and can give the existing wife grounds for dissolution and immediate payment of dower. Talaq requires written notice to the local authority and takes effect after ninety days. The Ordinance also allows orphaned grandchildren to inherit their predeceased parent's share. These statutory rules sit alongside classical Islamic family law, and both must be considered together when giving reliable advice.

Disputes are heard by the Family Courts under the Family Courts Act 2023, which replaced the 1985 Ordinance and covers dissolution of marriage, restitution of conjugal rights, dower, maintenance, guardianship and custody. Appeals lie to the District Judge or another court of equivalent status, with further review in the High Court Division. Guardianship of the person and property of children is also governed by the Guardians and Wards Act 1890, read with Muslim personal law and the overriding principle of the child's welfare. Our dispute resolution lawyers represent clients in contested family and succession cases at every level.

Property questions follow death or family reorganisation. Muslim inheritance gives fixed shares to Quranic heirs and residuary shares to others, so families often need a clear calculation before land, flats, bank accounts and shares can be distributed. Gifts by hiba and endowments by waqf are widely used for planning, but transfers of land generally need registration and waqf property is supervised by the Waqf Administrator. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub advise families in Bangladesh and abroad, and Adv Syed Wahid leads contested litigation. We work with counsel in the UK, US and UAE where needed.

01 · What we handle

Core workstreams

  • Marriage contracts and kabinnama
  • Dower and maintenance
  • Talaq, khula and dissolution
  • Polygamy and further marriages
02 · How it runs

Four clear stages

  1. 01Understand the family
  2. 02Explain rights clearly
  3. 03Negotiate or litigate
  4. 04Record and implement
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

Our Islamic family law services

Workstream 01Private Client & Employment

Marriage contracts and kabinnama

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
Workstream 02Private Client & Employment

Dower and maintenance

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
Workstream 03Private Client & Employment

Talaq, khula and dissolution

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
Workstream 04Private Client & Employment

Polygamy and further marriages

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
Workstream 05Private Client & Employment

Custody and guardianship

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
Workstream 06Private Client & Employment

Inheritance, hiba and waqf

  • Understand the family
  • Explain rights clearly
  • Negotiate or litigate
  • Record and implement
01

Marriage contracts and kabinnama

We advise couples and families before marriage on the kabinnama, including the amount and form of dower, delegated rights of divorce, conditions on residence or a further marriage, and arrangements for property. After marriage, we check registration, correct errors in the record and explain how the contract's terms will apply if the relationship later breaks down. Clear drafting at this stage prevents many later disputes. Islamic family law gives couples real flexibility in the contract.

02

Dower and maintenance

We pursue and defend claims for prompt and deferred dower, maintenance for wives during marriage and iddat, and maintenance for children, through negotiation, the Arbitration Council or the Family Courts. We gather evidence of income and assets, calculate arrears, and enforce decrees through execution proceedings where payment does not follow, including against property and bank accounts held in Bangladesh by the husband. Islamic family law treats dower as the wife's own property.

03

Talaq, khula and dissolution

We guide husbands and wives through talaq and delegated divorce procedure under the 1961 Ordinance, negotiate khula and mubara'at settlements, and bring or defend suits for dissolution under the Dissolution of Muslim Marriages Act 1939. Our Islamic family law advice covers both the procedure and its consequences for dower, maintenance, remarriage and the rights of children after the marriage ends. Any settlement is written down and, where required, registered so that it can be enforced later. Wives are told their rights at every stage.

04

Polygamy and further marriages

We advise wives whose husbands seek or have contracted a further marriage, and husbands considering an application to the Arbitration Council. We explain the statutory requirements, the existing wife's rights to object, to seek dissolution and to claim dower, and the criminal consequences of marrying without permission. Where a further marriage took place abroad, we also address recognition questions in Bangladesh. Islamic family law and statute both shape the answer.

05

Custody and guardianship

We act for mothers, fathers and grandparents on hizanat, the custody of children, and wilayat, guardianship of the child's person and property, under Muslim personal law and the Guardians and Wards Act 1890. We seek interim and final orders, propose practical contact arrangements, and act urgently where a child may be taken abroad or where welfare concerns require prompt protection from the court. Islamic family law always yields to the child's welfare in court. Proposed contact arrangements take account of the child's schooling, travel and each parent's availability.

06

Inheritance, hiba and waqf

We calculate inheritance shares under Islamic family law and the 1961 Ordinance, prepare succession certificates and letters of administration, and resolve disputes among heirs about land, flats, businesses and bank accounts. We also advise on lifetime planning through hiba and waqf, including registration requirements, the limits on what a Muslim may bequeath by will, and how to reduce the risk of later family disputes. Mutation records are updated afterwards.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Private Client & Employment matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

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01

Is a Muslim marriage valid in Bangladesh if it was not registered?

Under Islamic family law a marriage can be valid if the essential requirements, such as offer and acceptance in the presence of witnesses and the absence of legal prohibitions, are met. Registration under the 1974 Act is compulsory, and failure to register is an offence, but the absence of registration does not by itself invalidate the marriage. Proving an unregistered marriage, however, can be difficult, and problems arise with dower claims, inheritance, children's documents and immigration. We advise on late registration and on proving a marriage where records are missing or incomplete. Keep the nikahnama and witness details safe.

02

How is dower enforced under Islamic family law in Bangladesh?

Dower is a right of the wife and a debt owed by the husband. Prompt dower is payable on demand, while deferred dower becomes payable on divorce or the husband's death, and in practice many wives claim the full amount when the marriage ends. Claims are brought in the Family Court, which can pass a decree that is then executed against the husband's property. Where the husband has died, unpaid dower is a debt on his estate payable before distribution to heirs. We advise on evidence of the amount agreed, partial payments and limitation. Keep the nikahnama and any receipts.

03

Can a husband marry a second wife without permission?

No. Under the Muslim Family Laws Ordinance 1961, a husband must apply in writing to the chairman of the local authority for permission, stating his reasons and whether the existing wife consents, and an Arbitration Council considers whether the proposed marriage is necessary and just. Marrying without permission is a criminal offence, makes the whole dower of the existing wife immediately payable, and gives her a ground for dissolution. We advise existing wives on their remedies and husbands on the legal process, and we represent either side before the Arbitration Council and the courts.

04

What is talaq-e-tafweez and why does it matter?

Talaq-e-tafweez is a delegated right of divorce given by the husband to the wife, usually recorded in the relevant column of the kabinnama. If it has been granted, the wife can divorce her husband by exercising the delegated right and giving written notice to the local authority, following the same procedure as a talaq under the 1961 Ordinance. Without it, she must use khula by agreement or apply to the Family Court for dissolution. We review the kabinnama wording carefully, because the scope of the delegated right and any conditions attached to it determine how it can be used.

05

Who has custody of children under Islamic family law?

Classical Hanafi rules give the mother custody, or hizanat, of a son until about the age of seven and a daughter until puberty, while the father is the natural guardian of the child's person and property. Bangladeshi courts treat these age limits as guidance rather than absolute rules and decide according to the welfare of the child, considering the child's age, health, education, emotional ties and wishes. A mother's remarriage or a parent's move abroad can affect custody. We present evidence focused on welfare, which is what ultimately persuades the Family Court. School and medical records often matter.

06

How are inheritance shares calculated for a Muslim family?

Islamic family law fixes shares for Quranic heirs such as spouses, parents and daughters, and gives the residue to residuary heirs, typically sons and other male relatives, with a son generally receiving twice the share of a daughter. Funeral costs, debts and unpaid dower are paid first, and a will can dispose of no more than one third of the estate to non-heirs without the heirs' consent. The 1961 Ordinance allows the children of a predeceased son or daughter to take their parent's share. We prepare calculations and resolve disagreements among heirs before property is transferred.

07

Can a gift by hiba be challenged by other heirs?

A valid hiba requires a declaration of gift, acceptance by the recipient and delivery of possession, and for land and other immovable property the transfer generally needs to be registered. Heirs sometimes challenge gifts made shortly before death, alleging lack of capacity, undue influence, failure to deliver possession or that the gift was really a disguised will. Well-documented gifts are much harder to challenge. We advise donors on making secure gifts and act for heirs or recipients in disputes over hiba transactions, including deed cancellation suits. Islamic family law requires delivery of possession.

08

Does Islamic family law in Bangladesh apply to Muslims living abroad?

For Bangladeshi Muslims abroad, the answer depends on the issue and the forum. A foreign court will usually apply its own law to divorce, children and property within its jurisdiction, while Bangladeshi authorities will apply Muslim personal law to marriages, divorces and succession connected with Bangladesh, including land here. Conflicts between the two are common, for example where a foreign civil divorce is not reflected in Bangladesh or an estate includes property in both countries. We coordinate with lawyers in the UK, US, UAE and elsewhere to produce consistent results. Islamic family law rarely stops at borders.

How a matter runs

From first call to resolution.

  1. 01

    Understand the family

    We take instructions on the marriage, children, property and any existing proceedings, review the kabinnama, registration records and title documents, and identify which statutes and classical rules apply to the specific questions. Islamic family law questions are mapped first.

  2. 02

    Explain rights clearly

    We explain each person's rights and obligations under Islamic family law and statute in plain language, with realistic options, likely outcomes, timing and cost, so the family can decide how to proceed. We also set out the documents each option needs, so the family can prepare in advance.

  3. 03

    Negotiate or litigate

    We negotiate settlements, attend Arbitration Council and mediation meetings, or file and defend Family Court and civil proceedings, always keeping the possibility of an agreed outcome under review where it is in the client's interests. Islamic family law disputes often settle.

  4. 04

    Record and implement

    We register divorces and settlements, obtain certified copies, transfer property and record mutations, and prepare documents for use abroad, so that the outcome is properly reflected in every relevant record. Registered divorces and settlements are far easier to rely on later with banks, embassies and courts. Copies are kept securely for you.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Which school of Islamic family law applies in Bangladesh?
Most Bangladeshi Muslims follow the Hanafi school, and courts generally apply Hanafi rules unless the parties belong to another school, such as Shia communities. Statutes like the 1961 Ordinance and the 1939 Act apply to all Muslims regardless of school. Where the school matters to the outcome, for example in some inheritance questions, we establish the family's affiliation at the start and explain its effect. Mixed-school families need particular care. We confirm the position before any calculation.
Can the amount of dower be changed after marriage?
The husband may increase dower after marriage, and the wife may remit all or part of it if she does so freely. Remission obtained by pressure, especially at the end of a marriage, may be challenged. Any variation should be recorded in writing and, ideally, reflected in the marriage records. We advise both spouses before any change and check that consent is genuine. Islamic family law protects a wife's free choice in this area, and courts look closely at the circumstances. Written records protect both spouses.
Can a Muslim make a will in Bangladesh?
Yes, but under Islamic family law a Muslim can generally bequeath no more than one third of the net estate, and bequests to heirs need the consent of the other heirs after death. Lifetime gifts by hiba and waqf are therefore commonly used for planning. We advise on combining a will, gifts and waqf to meet family goals within the law and with clear documentation. A will should state the testator's wishes clearly and identify the assets involved. Wills should be reviewed after major family events.
What is the waiting period after divorce?
The iddat is the waiting period a woman observes after divorce or the death of her husband before she may remarry, generally three menstrual cycles after divorce or until delivery if she is pregnant, with a longer period after a husband's death. The wife is entitled to maintenance during iddat after divorce. We advise on how iddat interacts with the 1961 Ordinance's ninety day period. Islamic family law and the statutory period should be read together, and we explain both in practical terms for remarriage. Maintenance claims should be raised promptly.
Can a Muslim woman obtain divorce in the Family Court?
Yes. Under the Dissolution of Muslim Marriages Act 1939, a wife can obtain a decree of dissolution on grounds including the husband's whereabouts being unknown for four years, failure to maintain, a husband's imprisonment, failure to perform marital obligations, impotence, cruelty and a further marriage in breach of the 1961 Ordinance. We prepare the evidence and represent wives throughout the case, including any appeals. Islamic family law grounds for dissolution are well established, and the court will also attempt reconciliation. Interim maintenance can also be sought.
Are interfaith marriages governed by Islamic family law?
A marriage between a Muslim and a non-Muslim raises distinct questions depending on the faiths involved, the form of ceremony and any conversion. Some couples marry under the Special Marriage Act 1872, which has its own requirements. Recognition, inheritance and children's religion can all be affected. We advise couples and families on the law that applies to their marriage and its consequences. Advice before the ceremony is ideal, because it allows the couple to choose the right form of marriage and record their intentions clearly. Conversion has legal consequences that should be understood before any decision is made.
Can family disputes be settled through mediation?
Yes, and many are. The Family Courts Act 2023 provides for reconciliation attempts, the Arbitration Council process applies to talaq and polygamy, and private mediation is widely used for dower, maintenance and inheritance. The Legal Aid Services (Amendment) Act 2026 is also introducing mandatory pre-case mediation for certain disputes by district. We prepare clients for mediation and draft binding settlements. Islamic family law values reconciliation, and a fair settlement often reflects that tradition while protecting legal rights. Sessions can be held online for relatives abroad.
How can I get advice from your Islamic family law team?
Contact us through the contact page, call +880 1708 000660 or email info@trw.co. Share a short outline first, without sensitive details. We will arrange a confidential meeting at our Mohakhali DOHS office or by video, including for clients living abroad, and explain your options clearly before any step is taken. Advice can be given in English or Bangla, and documents can be reviewed in advance.

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