Date of publication:

01/07/2026

Bangladesh

Do domestic laws and policies provide for the registration of vital events, other than birth, of forcibly displaced and stateless persons occurring in the country of residence?

ANALYSIS

Assessment by population

Refugees
Analysis

Marriage and Divorce

There is a lack of clarity regarding the applicability of Bangladeshi statutory family laws regarding marriages and divorce for Rohingya refugees.

The 1985 Family Courts Ordinance provides the establishment of Family Courts with jurisdiction to adjudicate matters relating to the dissolution of marriage and other family matters and applies to the whole of Bangladesh without reference to citizenship (except for the Rangamati Hill District, Bandarban District, and Khagrachari District in the Chittagong Hill Tracts). This ordinance is applicable to all religions in Bangladesh and therefore Rohingyas refugees living in the camps, in theory, can seek remedy prescribed under this Ordinance. 

The 1937 Muslim Personal Law (Shariat) Application Act applies to Muslims in Bangladesh with no reference to citizenship and therefore arguably Rohingya refugees who are of Muslim faith can seek remedies prescribed under the law. 

The 1939 Dissolution of Muslim Marriages Act outlines the grounds in which a Muslim woman may apply for the dissolution of her marriage to a Muslim man. The Act applies to the whole of Bangladesh without any reference to citizenship; and thus, arguably can also be applicable to any Muslim Rohingya women married under Muslim law. 

Marriages and divorces under other religions, such as marriages between Hindus, Christians, Buddhists and other religions or interfaith marriages are governed by the following laws: the 2012 Hindu Marriages Registration Act, 1946 Hindu Women’s Right to Separate Residence and Maintenance Act, and 1872 Special Marriage Act. These laws similarly apply to the whole of Bangladesh without reference to citizenship and can, in theory, be applicable to the non-Muslim Rohingyas in Bangladesh. 

Despite the above statutory laws that in theory allow Rohingya refugees to register marriages and dissolution of marriages, in practice there are several restrictions for Rohingya refugees. Several Administrative Orders have been issued banning registration of marriages between Rohingya refugees and Bangladeshi nationals (irrespective of their religion). Regarding marriages between two Rohingya refugees, the Ministry of Disaster Management and Relief (MoDMR) issued a Circular in 2002 (Memo no - Rohingya – marriage/08/2001/145) stipulating that the 1974 Muslim Marriages and Divorces Act does not provide a scope to register marriages of refugees as they are not citizens. The circular further instructed the camp authorities to maintain the registration book of marriages between two Rohingya refugees and provided guidance on how to conduct and document marriages among refugees. The guideline further included that the marriage would be conducted by the lmams/ Muazzin/ Huzur from a mosque established in the camp; male and female refugees residing in refugee camps must obtain prior permission of marriage from the Camp-in-Charge (CiC); the CiC will maintain a register book for every marriage; the kabin (marriage or divorce contract) has to be included in every marriage. During repatriation, the kabin and the permission from the CiC would be considered as the certificate and confirmation; the marriage can only be conducted between a Rohingya male and female. Marriage between Bangladeshi nationals and Rohingyas cannot take place; the marriage would be conducted two to three days in a week according to the convenience of the CiC; and no local person/organization can take part or be present during the marriage ceremony.

Currently in the camps, CiC offices issue marriage registration (nikhanama) and divorce registration signed by the CiC from the respective camp (Administrative Order No. RRRCO/Establishment/Officers/N.B./02/2016/283). The Order further enables that the CiC shall be the custodian of marriage and divorce register books for the respective camps. The CiC shall submit a monthly report of all marriages and divorces registered to the Data Base Updating Committee (composed of members from the Office of the Refugee Relief and Repatriation Commissioner (RRRC) and UNHCR headed by the Additional RRRC).

For all legal purposes, processes or requirements in Bangladesh and during repatriation, the marriage registration form signed by the CiC and entered in the marriage registration logbook will be treated as conclusive proof of marriage, which is reflected in the SOP agreed by UNHCR and the RRRC’s Office. UNHCR provides support in the printing of registration books and regularly updates the composition of the Rohingya family concerned based on the marriage and divorce registration.

In Bangladesh, marriage laws are based on a combination of religious and civil law. Civil laws dictate that the legal age of consent and minimum age for marriage is 18 for women and 21 for men. In the camps the CiCs do not give permission for underage marriages, however in practice, many Rohingyas do get married before the age of 18 (for girls) and 21 (for boys). 

Mixed marriages among Rohingyas and Bangladeshi nationals

A circular was issued in 2014 banning registration of marriages between Rohingya refugees and the local population (Record no. Ni Go/Reg branch-2/669 To (70) issued by the Registration Directorate) which instructs all marriage registrars in the country “since the Myanmar refugees living in districts close to Bangladesh-Myanmar border are non-residents, i.e. Myanmar nationals, there is no scope of registering their marriages with the local population. Hence, strict directive is being given to refrain from registering marriages between local population and Myanmar refugees living in Bangladesh. Legal measures will be taken if any nonconformity is observed.” 

Further, the 2017 Circular regarding the instruction of marriage registration in the “special areas” (No Justice-7/2N-75/2016-909) declared refugee-populated areas as special zones (Cox’s Bazar, Bandarban, Rangamati, and Chittagong district) and instructed to register marriages in the special areas upon confirming that the groom and bride are both Bangladeshis (by verifying the National Identity document). The circular indicated that strict actions will be taken against the responsible Marriage Registrar for any non-compliance on the subject matter. Related District Registrars were instructed to supervise the matter.

In 2017, the High Court considered a marriage between a refugee woman from the Kutupalong camp and a Bangladeshi man in contravention to the Government Notification (issued by the Law Ministry) which restricts mixed marriages between Rohingyas and locals (Babul Hossain vs. Govt. of Bangladesh) (Writ Petition No: 18163 of 2017).

Death 

There is no statutory law regarding recording of death of refugees. There is no Executive Order from the concerned ministry/RRRC’s office nor a harmonized approach or template for death registration certificates in the camps (although it varies from the "1992 refugees” (in Nayapara and Kutupalong camps) to the newly established camps post 2017 influx).

Per current practice, once a death is verified by the CiC's office, the CiC signs and issues a death certificate and keeps a record in their register books. UNHCR updates the family composition in proGres once the death is confirmed by the CiC’s office.

    LAW & POLICY

    Related provisions of domestic law or policy

    Family Courts Ordinance 1985
    • Year: 1985
    • Type: Domestic law
    • Rights Category: Family life, Liberty & security of person, Social protection

    Legal provision

    Family Courts Ordinance 1985 - Generic

    Family Courts Ordinance 1985 - Generic

    The Dissolution of Muslim Marriages Act, 1939

    Legal provision

    1939 Dissolution of Muslim Marriages Act - Generic

    1939 Dissolution of Muslim Marriages Act - Generic

    Section 1

    (1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.

    Section 1(2)

    1(2): It extends to the whole of Bangladesh

    The Muslim Personal Law (Shariat) Application Act

    Legal provision

    Short title and extent

    1. (1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. 1[(2) It extends to the whole of Bangladesh.]

    Power to make a declaration

    3. (1) Any person who satisfies the prescribed authority- (a) that he is a Muslim, and (b) that he is competent to contract within the meaning of section 11 of the Contract Act, 1872, and (c) that he is a resident of Bangladesh, may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated therein adoption, wills and legacies were also specified. (2) Where the prescribed authority refuses to accept a declaration under sub-section (1), the person desiring to make the same may appeal to such officer as the Government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same.

    Application of Personal Law to Muslims

    Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and waqfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).

    Registration of Hindu Marriage Act

    Legal provision

    Prohibition on the registration of Hindu marriage.-

    Notwithstanding anything contained in any other law, a Hindu male below 21 (twenty-one) years of age or a Hindu female below 18 (eighteen) years of age get married, it is not registrable under this Act.

    Short title, application and commencement.-

    (1) This Act may be called the Registration of Hindu Marriage Act, 2012 (2) It shall be applicable to all the followers of Hindu religion who resides in Bangladesh irrespective of their nationality. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, determine.

    Procedure of registration of marriage.-

    (1) After solemnization of the marriage in accordance with the Hindu religion, customs-usage and rituals, the Hindu Marriage Registrar shall, on the application by any party to the marriage, in the prescribed manner, for the purpose of protecting the documentary proof of such marriage, register the Hindu marriage in the prescribed manner. (2) Marriage solemnized in accordance with the Hindu religion, customs-usage and rituals before coming into force of this Act may be registered following the provisions of this Act on the application by any party to the marriage made in the prescribed manner.

    Definitions.-

    Unless there is anything repugnant in the subject or context, in this Act, (a) “Hindu” means any citizen of Bangladesh who follows Hindu religion; (c) “Hindu marriage” means approved marriage solemnized among the followers of Hindu religion and solemnized in accordance with their prevailing customs and usages according to Hindu Sastra;

    Registration of Hindu marriage.-

    (1) Notwithstanding anything contained in any other law, custom and usage-rituals, for the purpose of protecting the documentary proof of Hindu marriage, Hindu marriage may be registered, in the manner prescribed by rules. (2) Notwithstanding anything contained in sub-section (1), the validity of any Hindu marriage solemnized in accordance with the Hindu Sastra, shall not be affected due to nonregistration of Hindu marriage under this Act.

    The Hindu Women's Rights to Property Act

    Legal provision

    Devolution of property

    (1) When a Hindu governed by the Dayabhag School of Hindu Law dies intestate leaving any property, and when a Hindu governed by any other school of Hindu Law or by customary law dies intestate leaving separate property, his widow, or if there is more than one widow all his widows together, shall, subject to the provisions of sub-section (3), be entitled in respect of property in respect of which he dies intestate to the same share as a son: Provided that the widow of a predeceased son shall inherit in like manner as a son if there is no son surviving of such predeceased son, and shall inherit in like manner as a son's son if there is surviving a son or son's son of such predeceased son: Provided further that the same provision shall apply mutatis mutandis to the widow of a predeceased son of a predeceased son. (2) When a Hindu governed by any school of Hindu Law other than the Dayabhag School or by customary law dies having at the time of his death an interest in a Hindu joint family property, his widow shall, subject to the provisions of sub-section (3), have in the property the same interest as he himself had. (3) Any interest devolving on a Hindu widow under the provisions of this section shall be the limited interest known as a Hindu Woman's estate, provided however that she shall have the same right of claiming partition as a male owner. (4) The provisions of this section shall not apply to an estate which by a customary or other rule of succession or by the terms of the grant applicable thereto descends to a single heir or to any property to which the Succession Act, 1925, applies.

    The Hindu Inheritance (Removal of Disabilities) Act

    Legal provision

    Persons not to be excluded from inheritance or rights in joint-family property

    Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded from inheritance or from any right or share in joint-family property by reason only of any disease, deformity, or physical or mental defect.

    The Hindu Law of Inheritance (Amendment) Act

    Legal provision

    Order of succession of certain heirs

    A son's daughter, daughter's daughter, sister, and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother: Provided that a sister's son shall not include a son adopted after the sister's death

    The Hindu Marriages Registration Act

    Legal provision

    Section 1 (2)

    It shall apply to all Hindus residing in Bangladesh irrespective of citizenship.

    The Muslim Marriages and Divorces (Registration) Act, 1974 ( ACT NO. LII OF 1974 )

    Legal provision

    Registration of marriages

    Notwithstanding anything contained in any law, custom or usage, every marriage solemnized under Muslim law shall be registered in accordance with the provisions of this Act

    Solemnization of a marriage to be reported and registered

    (1) Where a marriage is solemnized by the Nikah Registrar himself, he shall register the marriage at once. (2) Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of such solemnization. (3) Where solemnization of a marriage is reported to a Nikah Registrar under sub-section (2), he shall register the marriage at once. (4) A person who contravenes any provision of this section commits an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both

    Registration of divorces

    (1) A Nikah Registrar may register a divorce effected under Muslim Law within his jurisdiction on application being made to him for such registration. (2) An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce: Provided that if the woman be a parda-nashin, such application may be made by her duly authorised vakil. (3) The Nikah Registrar shall not register a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the Registration Act, 1908 (XVI of 1908), by which the husband delegated the power of divorce to the wife or of an attested copy of an entry in the register of marriages showing that such delegation has been made. (4) Where the Nikah Registrar refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the Registrar on such appeal shall be final.

    Circular regarding the Instruction on the marriage registration in the “special areas”, No Justcie-7/2N-75/2016-909
    • Year: 2017
    • Type: Domestic policy
    • Rights Category: Nationality & facilitated naturalization, Family life, Documentation

    Legal provision

    Circular regarding the Instruction on the marriage registration in the “special areas”, No Justcie-7/2N-75/2016-909 - Generic

    Circular regarding the Instruction on the marriage registration in the “special areas”, No Justcie-7/2N-75/2016-909 - Generic

    2014 Circular Concerning not registering marriages between Myanmar refugees and local population (Record no. Ni Go/Reg branch-2/669 To (70)
    • Year: 2014
    • Type: Domestic policy
    • Rights Category: Nationality & facilitated naturalization, Social protection, Family life, Documentation

    Legal provision

    2014 Circular Concerning not registering marriages between Myanmar refugees and local population (Record no. Ni Go/Reg branch-2/669 To (70) - Generic

    2014 Circular Concerning not registering marriages between Myanmar refugees and local population (Record no. Ni Go/Reg branch-2/669 To (70) - Generic

    Babul Hossain Vs Govt. of Bangladesh (Writ Petition No: 18163 of 2017)

    Legal provision

    Babul Hossain Vs Govt. of Bangladesh (Writ Petition No: 18163 of 2017)

    High Court considered the marriage between a refugee woman from the Kutupalong camp and a Bangladeshi man in contravention to the Government Notification (issued by the Law Ministry) which restricts mixed marriages between Rohingya and locals.