Legal status of polygamy

  Polygamous marriages allowed under the law^1,2

  Polygamous marriages recognized under customary law

  Polygamous marriages performed elsewhere recognized

  Legal status unknown/ambiguous

  Polygamous marriage illegal³

  State constitution criminalizes polygamous marriage

¹India, Singapore, and Sri Lanka: illegal in all forms, except for Muslims.
²Federal Eritrea: law bans polygamous marriage but certain countries and regions with Sharia allow it. Muslims only may legally contract polygamous marriages.
³Mauritius: polygamous unions are not legally recognized. Muslim men may "marry" up to four women, who do not however enjoy the legal status of wives.

The legal status of polygamy varies from country to country. Polygamous marriages are recognized civilly in nearly fifty countries, mostly Muslim and African countries.

Where permitted, polygamy exists in three forms: polygyny – where the family unit consists of one man and multiple wives; polyandry – where the family unit consists of one woman and multiple husbands; or group marriage – where the family unit consists of multiple husbands and multiple wives. Historically, all three practices have existed, but polygyny is by far the most common. Confusion arises when the broad term "polygamy" is used when a specific form of polygamy is being referred to, and most references to polygamy in practice is to polygyny. Most countries that permit polygamy permit only polygyny.

In no country is polygamy ever required, but is only permitted and recognized. Where it is permitted, it is openly and frequently practiced, sometimes even encouraged.

There are many countries which do not permit polygamy, and a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy. In all cases, the second marriage is considered legally null and void, and consent from a prior spouse makes no difference to the validity of the second marriage. In countries which outlaw polygamy some people may resort to common-law marriages. Almost all western countries prohibit polygamy, but several recognize polygamous marriages entered into in countries that permit them. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.

Countries that recognize polygamous marriages

Legal status of polygamy
Recognized under civil law
Afghanistan Algeria Bahrain Bangladesh Brunei Burkina Faso Cameroon Chad CAR Comoros Congo Djibouti Egypt Ethiopia Gabon The Gambia India1 Indonesia Iran Iraq Jordan Kuwait Libya Malaysia Maldives Mali Mauritania Morocco Myanmar Niger Oman Pakistan Palestine Qatar Saudi Arabia Senegal Singapore1 Somalia Sri Lanka1 Sudan Syria Tanzania Togo Uganda UAE Yemen Zambia
Recognized in some regions
Eritrea2 Nigeria
Foreign marriages recognized
Australia (welfare only) New Zealand United Kingdom (welfare only)
Recognized under customary law
Botswana Equatorial Guinea Lesotho Liberia Kenya Malawi Mozambique Namibia Nigeria Sierra Leone South Africa Swaziland Zimbabwe
Status in other jurisdictions
Angola Benin Bhutan Burundi Canada Côte d'Ivoire DR Congo Ethiopia Ghana Iraqi Kurdistan Kazakhstan Kyrgyzstan Laos Mayotte (FR) Mauritius Mongolia Niue Russia Rwanda Tajikistan Thailand Tunisia Turkey Turkmenistan Nigeria United States Uzbekistan Vietnam
See also
Polygamy Polygyny Polyandry Non-monogamy Polygamy by country Marriage practice by country
Notes
1 Illegal in all forms; Muslims exempt 2 Regions governed by Sharia * In certain countries and regions, only Muslims may legally contract a polygamous marriage

Polygamous marriages are recognized civilly in nearly fifty countries, mostly Muslim and African countries. In the Middle Eastern region, Israel, Turkey and Tunisia are notable exceptions. Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law, though in the eyes of the government, they are not considered to be genuine marriages. The single exception in North American region is the province of Saskatchewan Canada. There, the family law courts provide legal protection for polygyny or polyandry. In essence, that Canadian province authorizes simultaneous additional marital rights and obligations for already married persons, prior to married persons becoming divorced from existing spouses. All northern states in Nigeria recognize polygamous marriages, as these states are governed by Sharia law. Polygamy tends to be secular]] Arab states, such as Lebanon, which still allows for such unions.

The United Kingdom, Australia and New Zealand recognize polygamous unions performed in other countries that permit them. In other similar circumstances, India and Sri Lanka, on the other hand, allow only their Islamic citizens to legally join in polygamous marriages. Many Indians have converted to Islam in order to bypass such legal restrictions. Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia. Myanmar (frequently referred to as Burma) is also the only predominately Buddhist nation to allow for civil polygamous marriages, though such is rarely tolerated by the Burmese population.

The autonomous regions of Somaliland and Puntland in northern Somalia also recognize polygamy, as does the country's Transitional Federal Government itself, since the country is governed by Sharia law. The recently independent country of Southern Sudan also recognizes polygamy. The Palestinian territories — consisting of West Bank and Gaza Strip — permit polygamous unions for Muslim citizens of the territories. The practice continues in Bhutan in various forms as it has since ancient times. It is also found in parts of Nepal, even despite its formal illegality in the country.

Debates of legalizing polygamous marriages continue in Kenya, Namibia, and many Central Asian countries.

Examples around the world

In most of the following examples, polygamy only refers to polygyny. Except when the converse is explicitly stated, either all kinds of polygamy are forbidden, or the only allowed form of polygamy is polygyny.

North America

Bigamy laws throughout the United States

  Misdemeanor

  Felony

  All forms of cohabitation outlawed

See also: Utah War, Morrill Anti-Bigamy Act, Poland Act, Edmunds Act, Edmunds–Tucker Act, and Reynolds v. United States

United States: The practice is illegal in all 50 states.
Over a century ago, citizens of the self-governing territory of what is present-day Utah were forced by the United States federal government to abandon the practice of polygamy through the vigorous enforcement of several Acts of Congress. They eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto'. Among American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.

Canada: All forms of polygamy, and some informal multiple sexual relationships, are illegal by Section 293 of the Criminal Code of Canada. Bigamy is banned by Section 290. However, for a long time, the law banning polygamy has not been efficient. As of January 2009, no person had been successfully prosecuted, i.e., convicted in over sixty years. In 2009, two acquittals prompted the attorney general of British Columbia to ask the Supreme Court of British Columbia whether challenging the law was consistent with the Canadian Charter of Rights and Freedoms; and, if so, under what circumstances people can be legally punished for polygamy.

In November, 2011 the court released its 335 pages long decision, which was that the polygamy law indeed was constitutional, but that it should not be used to persecute minors for having taken part of a polygamous marriage. Chief Justice Robert Bauman conceded that there is a conflict between this law and some civil right principles, but stated that there are other and "more important" issues which in this case takes precedence. He wrote (as quoted by CBC news):

"I have concluded that this case is essentially about harm. More specifically, Parliament's reasoned apprehension of harm arising out of the practice of polygamy. This includes harm to women, to children, to society and to the institution of monogamous marriage".

Bauman argued that there are cases where the "wives" (who may be rather young; sometimes as young as 12 years) are abducted and abused, but because they believe in a faith promoting polygamy, they are not willing to bring complaints to the authorities. He reasons that these offences sometimes may be stopped by applying anti-polygamy legislation. This judgement seems unaware that relationships between multiple men, to the exclusion of women and children, exist at all; thus the judgment maintains the criminalization of gay male polyamorous relationships. Canada continues to criminalize sexual encounters where more than two persons are present during anal intercourse, whether or not the multiple parties involved are plurally married or are legal strangers.

The decision was welcomed by the attorney general of BritishColumbia, and by a representative for the group Stop Polygamy in Canada. Likewise, according to the CBC news, some polyamorous people in Canada expressed their relief, since Bauman had stated that the law shouldn't apply to them unless they decide to formalize their unions. Many LGBTQ critics argued that abuse of various kinds should be persecuted by their respective laws, instead of criminalising all formalized liaisons between three or more consenting adults, and also found it strange that polyamorous liaisons remain ambiguously both legal and illegal. The appointed court amicus George MacIntosh was deliberating whether to appeal the decision.

See the map and template for more in-depth information.

Africa

Mayotte: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture. However, pre-existing Muslim marriages are currently still valid.

Benin: Benin recognized polygamous marriages until 2004 when they were constitutionally outlawed. However, pre-existing marriages are currently still valid in Benin.

Burkina Faso: Both Muslims and non-Muslims can join in polygamous unions under Burkina Faso law.

Côte d'Ivoire: Akin to the situation in Benin, polygamy and such marriages were outlawed, though previous marriages are still recognized.

Gabon: Both men and women can join in polygamous unions with the other gender under Gabonese law, although in practice only men do.

Ghana: Illegal.

Nigeria: Recognized in all northern states, federal law recognizes polygamous unions under customary law.

South Africa: Legal under customary law, and recognised for civil purposes in terms of the Recognition of Customary Marriages Act.

Asia

Maldives: Permitted for all Muslim men with consent from the first wife, uncommon.

Malaysia: Permitted for all Muslim men, up to a maximum of 4 wives. Consent from the first wife is a requirement is most states, though some men circumvent this requirement by marrying their second or subsequent wives in other countries with lax polygamy laws, such as in Southern Thailand.

Indonesia: Legal, though heavily restricted.

Afghanistan: Legal, frequently practiced.

Mongolia: Possible legislation of polygamy has been debated in hopes that it would even out Mongolia's male and female population. However, there has been no formal debate in the government, rather within the public.

Iran: Legal with consent from the first wife, rarely practiced.

Pakistan; Permitted for Muslim men only, can have up to 4 wives at one time according to Islamic Law.

Singapore: Legal for Muslim men who can demonstrate the financial means to support all potential wives, with consent from existing wives, up to a maximum of 4 wives. Extremely rare in practice.

Europe

France: Civil marriage registry illegal, still there are no laws against a person living with more than one partner/spouse. Stricter immigration laws have been enforced due to various polygamous-related hassles with immigrants from Mali and other African nations that permit polygamy.
Poland: Illegal, punishable with prison time.^{[citation needed]}

Germany: Illegal, punishable with fine or prison time up to three years.

Netherlands: Marriage between more than two individuals prohibited; however, a samenlevingscontract may include more than two partners.

United Kingdom: Illegal, foreign polygamous marriages grant some welfare benefits only. Polygamy is treated as bigamy if a second marriage is contracted in the United Kingdom. No legal recognition is extended to spouses of subsequent marriages after the first marriage is recognised even when subsequent marriages are contracted abroad.

Oceania

Australia: Polygamy is generally legal within Australia, when the marriage is based around common-law (de facto) marriage, or religious/cultural marriage. Polygamy is still commonly practised amongst Australia's indigenous Aboriginal population. Polygamy based around state-sanctioned official marriage is illegal, and marriage to multiple spouses regardless of living circumstances would also be against the law as bigamy.

New Zealand: Polygamous marriages cannot be performed in New Zealand, but are recognised if they are legally performed in a country that permits polygamy.

South America

In Brazil poligamy is prohibited by law. Bigamy is punishable by 2 to six years jailtime.

Status disputed or unclear

Kenya – The legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise. A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007."

Democratic Republic of the Congo – While the nation has been said to have legally recognized polygamous unions in the past, their current legal recognition is unknown.

Swaziland – While some have thought that current laws could be interpreted to allow for legally-recognized polygamous unions, there is no legal recognition, still there are no laws against a man living with more than one woman, so the practice itself is not disallowed and even the king has thirteen spouses in 2010.

Notable legislation

To permit polygamy

The table below covers recent pieces of legislation that have been either debated, proposed or voted on; all of which concern a form of polygamous union. The table does not cover legislation that restricts polygamy.

Country	Date	Polygamous union	Upper House		Lower house		President	Final outcome
			Yes	No	Yes	No
Iraq	1963	Polygamous civil marriage (revoke of prohibitions)	Passed		Passed		Signed	Yes
Malawi	1994	Customary law (recognizes polygamous unions)	Passed		Passed		Signed	Yes
Libya	1998	Polygamous civil marriage (abolishes wife's right to consent/reject additional wives)	Passed		Passed		Signed	Yes
Namibia	2003	Customary law (recognizes polygamous unions)	Passed		Passed		Signed	Yes
Namibia	2004	Pension benefits to wives of a deceased president	-		Failed		-	No
Uganda	2005	Polygamous civil marriage (easing of laws; plus restrictions)	Passed		Passed		Signed	Yes
Kyrgyzstan	2007	Polygamous civil marriage	Failed		-	-	-	No
Kazakhstan	2007	Polygamous civil marriage	Failed		-	-	-	No
Uzbekistan	2007	Polygamous civil marriage	Failed		-	-	-	No
Tajikistan	2007	Polygamous civil marriage	Failed		-	-	-	No
Turkmenistan	2007	Polygamous civil marriage	Failed		-	-	-	No
Kazakhstan	June 2008	Polygamous civil marriage	Failed		-	-	-	No
United Kingdom	February 2008	Welfare benefits (of foreign marriages)						Yes
Iran	September 2008	Polygamous civil marriage (easing of laws)	Failed		-	-	-	No
Kenya	July 2009	Polygamous civil marriage	Pending		-	-	-
Namibia	July 2009	Polygamous civil marriage	Proposed		-	-	-
Russia	2009	Polygamous civil marriage	Proposed		-	-	-

To outlaw polygamy

Country	Date	Prohibition type	Upper House		Lower house		President	Final outcome
			Yes	No	Yes	No
United States	July 1862	Morrill Anti-Bigamy Act, which made polygamy a misdemeanor offense in US territories and other areas where the federal government has exclusive jurisdiction.	'		'		Signed	Yes
United States	March 1882	Edmunds Act, which reinforced Morrill by making polygamy a felony in the jurisdictions covered by Morrill; also prohibited "bigamous" or "unlawful cohabitation" as a misdemeanor offense, which removed the need to prove that actual marriages had occurred in order to obtain convictions on polygamy related charges.	Passed		Passed		Signed	Yes
Turkestan ASSR (modern Kyrgyzstan)	October 1921	Outlaws polygamy	Passed		Passed		Signed	Yes
Thailand	October 1935	Outlaws polygamy; polygamous marriage	Passed		Passed		Signed	Yes
North Vietnam (modern Vietnam)	October 1950	Outlaws polygamy	Passed		Passed		Signed	Yes
Syria	1953	Restrictions on polygamous marriage	Passed		Passed		Signed	Yes
India	1955	Outlaws polygamy; polygamous marriages (Hindus only)	Passed		Passed		Signed	Yes
Tunisia	1956	Ban on polygamy; polygamous marriages	Passed		Passed		Signed	Yes
Iraq	1959	Ban on polygamy; polygamous marriage	Passed		Passed		Signed	Revoked
Côte d'Ivoire	1964	New penal code outlaws polygamy; polygamous marriages (upholds existing)	Passed		Passed		Signed	Yes
British Hong Kong (modern Hong Kong)	1971	Outlaws polygamy	Passed		Passed		Signed	Yes
Eritrean People's Liberation Front (modern Eritrea)	1977	Outlaws polygamy; polygamous marriage (districts under Sharia exempt)	Passed		Passed		Signed	Yes
Egypt	1979	Restrictions on polygamous marriage; ease of divorce laws	Passed; abrogated		-	-	-	No
Egypt	1985	Restrictions on polygamous marriage (less liberal)	Passed		Passed		Signed	Yes
France	1993	Outlaws family reunion for polygamist immigrants	Passed		Passed		Signed	Yes
Uganda	December 2003	Outlaws polygamy	Failed		-		-	No
Morocco	2003	Restrictions on polygamous marriage	Passed		Passed		Signed	Yes
Benin	August 2004	New penal code outlaws polygamy; polygamous marriages (upholds existing)	Passed		Passed		Signed	Yes
Morocco	February 2005	Restrictions on polygamous marriage (heavy restrictions)	Passed		Passed		Signed	Yes
Uganda	July 2005	Outlaws polygamy	Failed		-		-	No
Indonesia	2007	Bans civil servants from living polygamously	Passed		Passed		Signed	Yes
Morocco	May 2008	Restrictions on polygamous marriage (heavy restrictions)	Passed		Passed		Signed	Yes
Uganda	June 2008	Outlaws polygamy	Failed		-		-	No
Iraqi Kurdistan	Nov. 2008	Abolishes polygamy except in selective circumstances	Passed		Passed		Signed	Yes
Mayotte	March 2009	Mahoran status referendum, 2009 (passage abolishes polygamy)	Territory-wide Referendum					Yes
Turkey	May 2009	Disallows polygamists from immigrating into the country						Yes
Indonesia	July 2009	Restrictions on polygamous marriage	Pending		Pending		-
Namibia	July 2009	Ban on polygamy & polygamous customary marriages	Proposed		-	-	-

Recently proposed, failed, or pending efforts to limit polygamy

Country	Description
Malawi	A proposal to outlaw polygamy was defeated in 2008.
Uganda	Another bill that would outlaw polygamy in the country was defeated in the legislature in 2008.
Saudi Arabia	Women's groups within the United Nations have called on Saudi Arabia to outlaw polygamy. Most consider such a move extremely unlikely.
Egypt	The complete abolishment of polygamy in Egypt has been the discussion of numerous political debates.
France	Stricter sanctions against polygamist foreign residents have been implemented in attempt to battle polygamy within the immigrant community.
Indonesia	A proposal that would limit polygamy even further is being considered in the legislature.
Namibia	A bill that would ban polygamous unions from being recognized by customary law and additionally, outlaw all forms of polygamy, has been submitted to the legislature.
United States	A senator from Nevada has announced his intentions to introduce a bill that would create further sanctions against polygamy.[citation needed]
Indonesia	Feminist groups and individuals have stated their intent to work for the complete abolition of polygamy and ban polygamous marriage in the country.