The Excessive Court docket on Wednesday questioned the federal government to make clear in 4 months the constitutional legality of Half 6 of the Muslim Family members Tips Ordinance 1961 that legalises male polygamy on consents of current spouse or wives.
The bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman additionally questioned regulation and spiritual affairs secretaries to explain why they might not be directed to formulate a suggestion on the right use of the polygamy regulation ensuring equal authorized rights of the wives.
The bench handed the purchase proper after listening to a writ petition submitted by Supreme Courtroom lawyer Ishrat Hasan powerful the legality of the Space 6.
Petitioner Ishrat Hasan and her lawyer Jamiul Hoque Faisal argued that the Qur’an permitted a male to marry as much as 4 gals, solely quickly after ensuring equal rights of the wives.
The supply of the polygamy authorised lower than the portion, nonetheless, uncared for the issue of creating sure equal rights for all of the wives in violation of the structure, Ishrat talked about.
Although there may be the prospect of present spouse or wives of attending to be susceptible as a result of reality of the husband’s polygamy, the regulation has given full electrical energy to the Arbitration Council to allow polygamy and the supply infringes the authorized rights of the present spouse or wives, she contended.
The members of the family courtroom is the correct authority on Muslim Family Regulation, however important challenges like polygamy have been referred to the Arbitration Council solely, which is in the direction of the important authorized rights of gals, she argued.
Within the state of affairs of polygamy in formulated Muslim nations, the polygamists ought to purchase authorization from a suitable court docket, she claimed, incorporating that the court docket docket ought to listen to the current spouse or wives and try certificates of nicely being and cash capabilities of the male.
As there isn’t a most of these requirement for each the court docket or the Arbitration Council in Bangladesh to permit for polygamy, the supply of the polygamy should be amended, she added.