Legal status of polygamy

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  Polygamous marriages allowed under the law1,2
  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.[1] 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,[2] sometimes even encouraged.[3]

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.

Contents

Countries that recognize polygamous marriages [edit]

Polygamous marriages are recognized civilly in nearly fifty countries, mostly Muslim and African countries.[4][5] In the Middle Eastern region, Israel, Turkey and Tunisia are notable exceptions.[6] 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.[7] 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.[8] 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,[9] 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.[10] 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.[11]

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.[12] The practice continues in Bhutan [13] in various forms as it has since ancient times. It is also found in parts of Nepal,[14] even despite its formal illegality in the country.[15]

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

Examples around the world [edit]

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 [edit]

Bigamy laws throughout the United States
  Misdemeanor
  Felony
  All forms of cohabitation outlawed

United States: The practice is illegal in all 50 states.[16]
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'.[17][18] 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.[16]

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.[18] 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.[19]

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.[20] 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[20]):

"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,[20] 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.[20]

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

Africa [edit]

Mayotte: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture.[21][22] 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.[23]

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.[24]

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 [edit]

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.[25]

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 [edit]

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.[26]

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 [edit]

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.[27] 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 [edit]

In Brazil poligamy is prohibited by law. Bigamy is punishable by 2 to six years jailtime.[28]

Status disputed or unclear [edit]

KenyaThe legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise.[29] A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007."[30]

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.[31]

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.[32]

Notable legislation [edit]

To permit polygamy [edit]

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 Iraq 1963 Polygamous civil marriage (revoke of prohibitions)[33] Passed Passed Signed Yes Yes
Malawi Malawi 1994 Customary law (recognizes polygamous unions)[34] Passed Passed Signed Yes Yes
Libya Libya 1998 Polygamous civil marriage (abolishes wife's right to consent/reject additional wives)[35] Passed Passed Signed Yes Yes
Namibia Namibia 2003 Customary law (recognizes polygamous unions)[36] Passed Passed Signed Yes Yes
Namibia Namibia 2004 Pension benefits to wives of a deceased president[37] - Failed - No No
Uganda Uganda 2005 Polygamous civil marriage (easing of laws; plus restrictions) Passed Passed Signed Yes Yes
Kyrgyzstan Kyrgyzstan 2007 Polygamous civil marriage[38] Failed - - - No No
Kazakhstan Kazakhstan 2007 Polygamous civil marriage[38] Failed - - - No No
Uzbekistan Uzbekistan 2007 Polygamous civil marriage Failed - - - No No
Tajikistan Tajikistan 2007 Polygamous civil marriage Failed - - - No No
Turkmenistan Turkmenistan 2007 Polygamous civil marriage Failed - - - No No
Kazakhstan Kazakhstan June 2008 Polygamous civil marriage[39] Failed - - - No No
United Kingdom United Kingdom February 2008 Welfare benefits (of foreign marriages)[40] Yes Yes
Iran Iran September 2008 Polygamous civil marriage (easing of laws)[41] Failed - - - No No
Kenya Kenya July 2009 Polygamous civil marriage Pending - - -
Namibia Namibia July 2009 Polygamous civil marriage[42] Proposed - - -
Russia Russia 2009 Polygamous civil marriage Proposed - - -

To outlaw polygamy [edit]

Country Date Prohibition type Upper House Lower house President Final
outcome
Yes No Yes No
United States 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 Yes
United States 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 Yes
Turkestan ASSR 1919.png Turkestan ASSR (modern Kyrgyzstan) October 1921 Outlaws polygamy[43] Passed Passed Signed Yes Yes
Thailand Thailand October 1935 Outlaws polygamy; polygamous marriage[44] Passed Passed Signed Yes Yes
Vietnam North Vietnam (modern Vietnam) October 1950 Outlaws polygamy Passed Passed Signed Yes Yes
Syria Syria 1953 Restrictions on polygamous marriage[33] Passed Passed Signed Yes Yes
India India 1955 Outlaws polygamy; polygamous marriages (Hindus only)[45] Passed Passed Signed Yes Yes
Tunisia Tunisia 1956 Ban on polygamy; polygamous marriages[46] Passed Passed Signed Yes Yes
Iraq Iraq 1959 Ban on polygamy; polygamous marriage[33] Passed Passed Signed No Revoked
Ivory Coast Côte d'Ivoire 1964 New penal code outlaws polygamy; polygamous marriages (upholds existing) Passed Passed Signed Yes Yes
Hong Kong British Hong Kong (modern Hong Kong) 1971 Outlaws polygamy[47] Passed Passed Signed Yes Yes
Flag of the EPLF.svg Eritrean People's Liberation Front (modern Eritrea) 1977 Outlaws polygamy; polygamous marriage (districts under Sharia exempt)[48] Passed Passed Signed Yes Yes
Egypt Egypt 1979 Restrictions on polygamous marriage; ease of divorce laws[46] Passed; abrogated - - - No No
Egypt Egypt 1985 Restrictions on polygamous marriage (less liberal)[46] Passed Passed Signed Yes Yes
France France 1993 Outlaws family reunion for polygamist immigrants[49] Passed Passed Signed Yes Yes
Uganda Uganda December 2003 Outlaws polygamy[50] Failed - - No No
Morocco Morocco 2003 Restrictions on polygamous marriage[46] Passed Passed Signed Yes Yes
Benin Benin August 2004 New penal code outlaws polygamy; polygamous marriages (upholds existing)[51] Passed Passed Signed Yes Yes
Morocco Morocco February 2005 Restrictions on polygamous marriage (heavy restrictions)[52] Passed Passed Signed Yes Yes
Uganda Uganda July 2005 Outlaws polygamy[53] Failed - - No No
Indonesia Indonesia 2007 Bans civil servants from living polygamously[54] Passed Passed Signed Yes Yes
Morocco Morocco May 2008 Restrictions on polygamous marriage (heavy restrictions)[55] Passed Passed Signed Yes Yes
Uganda Uganda June 2008 Outlaws polygamy[50] Failed - - No No
Iraqi Kurdistan Iraqi Kurdistan Nov. 2008 Abolishes polygamy except in selective circumstances[56] Passed Passed Signed Yes Yes
Mayotte Mayotte March 2009 Mahoran status referendum, 2009 (passage abolishes polygamy)[57] Territory-wide Referendum Yes Yes
Turkey Turkey May 2009 Disallows polygamists from immigrating into the country[58] Yes Yes
Indonesia Indonesia July 2009 Restrictions on polygamous marriage[59] Pending Pending -
Namibia Namibia July 2009 Ban on polygamy & polygamous customary marriages Proposed - - -

Recently proposed, failed, or pending efforts to limit polygamy [edit]

Country Description
Malawi Malawi A proposal to outlaw polygamy was defeated in 2008.
Uganda Uganda Another bill that would outlaw polygamy in the country was defeated in the legislature in 2008.
Saudi Arabia 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 Egypt The complete abolishment of polygamy in Egypt has been the discussion of numerous political debates.
France France Stricter sanctions against polygamist foreign residents have been implemented in attempt to battle polygamy within the immigrant community.
Indonesia Indonesia A proposal that would limit polygamy even further is being considered in the legislature.
Namibia 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 United States A senator from Nevada has announced his intentions to introduce a bill that would create further sanctions against polygamy.[citation needed]
Indonesia Indonesia Feminist groups and individuals have stated their intent to work for the complete abolition of polygamy and ban polygamous marriage in the country.

References [edit]

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