July 10, 2025

Revisiting Polygamy Laws in Bangladesh: A Shariah-Informed Philosophical Inquiry into Parenting, Marital Justice, and the Importance of Marriage Education

Key Points

Polygamous households face significant socio-emotional challenges for women and children, impacting family dynamics.
The absence of structured marriage education contributes to family instability and psychological distress in these settings.
An integrated theoretical framework draws from Islamic legal theory and critical pedagogy to explore these issues.
A proposed reform model aims to align legal regulation with Sharīʿah's higher objectives and promote justice.

Abstract

This study offers a critical examination of the practice and regulation of polygamy in Bangladesh. The analysis is situated within an integrated theoretical framework that draws upon Islamic legal theory, critical legal theory, social constructionism, and critical pedagogy. Particular attention is given to the potential philosophical tension between the Qurānic permissibility of polygamy and the restrictive provisions embedded in the Muslim Family Law Ordinance 1961. The findings highlight, first, the socio-emotional challenges experienced by women and children in polygamous households, and second, the extent to which the absence of structured marriage education exacerbates family instability and psychological distress. In response, the study advances a reform model that seeks to harmonize legal regulation with the higher objectives of Sharīʿah (Maqāṣid al-Sharīʿah), while simultaneously advocating for the incorporation of transformative marriage education as a means of promoting justice, compassion, and sustainable family development.

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