Bigamy

Elkanah and his two wives.jpg

In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.

Legal situation

Main article: Legal status of polygamy

Most western countries do not recognize polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle. This is the case in some states of the United States where the criminalization of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced.

In diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. In some such countries, only one spouse of a polygamous diplomat may be accredited, however.

By country

• Australia: Illegal under the Marriage Act 1961, sect 94. Maximum penalty 5 years imprisonment.
• Canada: Illegal under the Criminal Code of Canada, sect 293.
• China, People's Republic of: Illegal (but tolerated for some minorities, such as Tibetans, in some rural areas in the South West) .
• Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.
• Egypt: Permitted for Muslims (up to four wives).
• Eritrea: Legal in areas under Sharia only (up to four wives).
• All the 27 countries of the European Union (see special note for the United Kingdom): Illegal.
• Iceland: Illegal according to the Icelandic Act on Marriage No. 31/1993, Art. 11.
• Republic of Ireland: Bigamy is a statutory offence. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861. This section replaces section 26 of the Act 10 Geo. 4 c. 34 for the Republic of Ireland.
• Israel: Illegal. Up to 5 years imprisonment
• Iran: Legal with written consent from the first wife (up to four wives).
• India: Permitted for Muslims only, provided the husband has written permission from his previous wives. This permission is documented at the time of the Nikah and forms part of the Nikah-nama (agreement of Nikah). Currently however, the government is debating whether to remove the requirement to obtain permission from the previous wives.
• Libya: Legal with written consent from the first wife (up to four wives). (See Polygamy in Libya.)
• Malaysia: Permitted for Muslims; required to obtain judicial consent, show financial capability, and several strict conditions. Some variation in law between states (family law relating to non-Muslims is under federal jurisdiction).
• Maldives: Permitted for anyone.
• Malta - Illegal under the Marriage Act of 1975, section 6.
• New Zealand - Illegal. Up to 15 years imprisoment
• Morocco: Permitted for Muslims, restrictions apply.
• Pakistan: Permitted for Muslims only, provided the husband takes written permission from his previous wives. This permission is documented at the time of the Nikah and forms part of the Nikah-nama (agreement of Nikah).
• Saudi Arabia: Legal up to four wives.
• South Africa: Legalised for indigenous, black traditionalists by the Customary Marriages Act 120 of 1998.
• Tunisia: Illegal. Up to 5 years imprisonment
• Turkey: Illegal. Up to 5 years imprisonment
• United Kingdom: Illegal, though marriages performed abroad may be recognized for some legal purposes (see Polygamy in the United Kingdom).

Ghana, up to six months in jail

• United States: Illegal in all 50 states. Penalty up to 5 years. (but see Polygamy in North America)

In the United States, the Model Penal Code (section 230.1) defines bigamy as a misdemeanor and polygamy as a felony. Having more than one spouse at the same time gets classified as polygamy, and bumped to a felony, if it is done "in purported exercise of a plural marriage..." According to Joel Feinberg in Moral Limits of the Criminal Law: "Righteously, flaunting one's illicit relationships, according to the Code, is apparently a morally aggravating circumstance, more punishable than its clandestine and deceptive counterpart."

• Uzbekistan: Illegal.

See also

• Forms of nonmonogamy
• Hypergamy
• Polyamory
• Triad (relationship)
• Marriage (conflict)#Polygamy
• Philip I, Landgrave of Hesse#Bigamous Marriage