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Marriage registration databases can defend marriage fraud

Barrister Zahid Rahman || risingbd.com

Published: 14:42, 16 September 2021  
Marriage registration databases can defend marriage fraud

Laws concerning the capacity for marriage are governed by Islamic law, and according to Islamic law, a man can enter into polygamy but a woman cannot. In Bangladesh, the law criminalizes a second marriage without the consent of the first wife (by a man) but the second marriage is not invalid. However, if a woman enters into a polygamous marriage that marriage will be null and void.

A Muslim woman is not allowed to have more than one husband at the same time. It is illegal for a woman to marry another man if her present husband is alive and not yet divorced. If a woman wants to remarry, she must get a divorce from her husband.

To become ready for her second marriage. After getting the divorce she needs to wait to complete her iddat period. The term of the iddat period is three lunar months or three menstruations. Otherwise, this sort of marriage is illegitimate and illegitimate children.

According to 1860 (C-20) Act, if the husband or wife remarries without the divorce of their current spouse, then they can be sentenced to imprisonment for a term not exceeding seven years, and can even be vulnerable to a fine. A case can be filed against the husband or wife under sections 494, 495 and 497 following the penal code. The marriage register is additionally to blame for such marriages and there are also lawsuits against that register.

Under the Muslim Family Law Ordinance 1961, if a husband feels that he needs a second marriage, he will apply to the arbitral council to show why he needs a second marriage. If the arbitration council is satisfied that the proposed marriage would grant proposal requirements.

In pursuance of the act, no man during the subsistence of an existing marriage without the permission of arbitration council contract another marriage. If that happens, that man has to pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue.

Meanwhile, if the husband or wife remarries without the divorce of their current spouse, they shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. (section 494 of Penal Code). Also if the husband or wife remarries without the divorce of their current spouse, and also concealed it from the former wife or husband shall be punished for a term which may extend to ten years and shall also be liable to fine. (section 495 of Penal Code).

Especially if a man knows that the woman is the wife of another man despite knowing he married that woman and had sexual intercourse there is a chance to punish him for the crimes of adultery. (section 497 Penal Code).

Marriage and divorce registration information needs to be stored on a website. In this case, a petition was filed in the High Court to protect the public from marriage fraud. It is a punishable offense under the law to remarry without divorce, as it can also cause social problems.

Before marriage, marriage laws must be obeyed and marriages must be properly registered. Ultimately, all of these crimes can only be removed from society through the practice of religious and moral values.

 

Barrister Zahid Rahman is now living in the United Kingdom

Dhaka/Mahfuz