Bigamy

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Elkanah and his two wives Elkanah and his two wives.jpg
Elkanah and his two wives

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. [1] A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, [2] or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

Contents

Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy laws, with a few exceptions (such as Egypt and Iran), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.

History of anti-bigamy laws

Even before Christianity became the official religion of the Roman Empire, Diocletian and Maximian passed strict anti-polygamy laws in 285 AD that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical Greece and Rome.[ citation needed ] In 393, the Roman Emperor Theodosius I issued an imperial edict to extend the ban on polygamy to Jewish communities. In 1000, Rabbi Gershom ben Judah ruled polygamy inadmissible within Ashkenazi Jewish communities living in a Christian environment.

Philip I, Landgrave of Hesse, was exposed as a bigamist in 1540 by his sister, Elisabeth Wartburg-Philipp.von.Hessen.JPG
Philip I, Landgrave of Hesse, was exposed as a bigamist in 1540 by his sister, Elisabeth

Most western countries do not recognise polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle. This is the case with the United States where the criminalisation of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced. [3] De facto polygamy is illegal under US federal law, the Edmunds Act.

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. [4]

By country and region

On indictment, up to seven years' imprisonment [31] or on summary conviction up to six months' imprisonment, or to a fine of a prescribed sum, or to both. [32]

Related Research Articles

<span class="mw-page-title-main">Polygyny</span> Mating system in which the male partner may have multiple partners

Polygyny is a form of polygamy entailing the marriage of a man to several women. The term polygyny is from Neoclassical Greek πολυγυνία (polugunía); from Ancient Greek πολύ (polú) 'many' and γυνή (gunḗ) 'woman, wife'.

Polygamy is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more than one husband at the same time, it is called polyandry. In sociobiology and zoology, researchers use polygamy in a broad sense to mean any form of multiple mating.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.

<span class="mw-page-title-main">Ages of consent in Europe</span> Legal ages for sexual activities in Europe

The age of consent varies by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.

<span class="mw-page-title-main">Ages of consent in Africa</span>

The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.

Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.

Polygamy is the practice of having more than one spouse at the same time. Specifically, polygyny is the practice of one man taking more than one wife while polyandry is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in some parts of the world. In North America, polygamy has not been a culturally normative or legally recognized institution since the continent's colonization by Europeans.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

<span class="mw-page-title-main">Current state of polygamy in the Latter Day Saint movement</span>

Joseph Smith, the founder of the Latter Day Saint movement, privately taught and practiced polygamy. After Smith's death in 1844, the church he established splintered into several competing groups. Disagreement over Smith's doctrine of "plural marriage" has been among the primary reasons for multiple church schisms.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.

<span class="mw-page-title-main">Polygyny in India</span>

Polygamy, including polygyny, is outlawed in India. While it was not prohibited in Ancient India and was common among aristocrats and emperors, it is believed that it was not a major cultural practice. The lack of prohibition was in part due to the separation between land laws and religion, and partially since all of the major religions of India portrayed polygamy in a neutral light.

Since the introduction of the current Marriage Law introduced by the EPLF in 1977, polygamy has been illegal in Eritrea. The 2015 Penal Code of the State of Eritrea states that participating in a second marriage will annul the first. If the first marriage is not annulled, one is guilty of bigamy, which is punishable with "a definite term of imprisonment of not less than 6 months and not more than 12 months, or a fine of 20,001 – 50,000 Nakfas." Prior to the law, forms of polygamy were mostly found among Muslims and pagans.

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.

The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.

Polygamy is not legally recognised in Australia. Legally recognised polygamous marriages may not be performed in Australia, and a person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of bigamy under section 94 of the Marriage Act 1961, which carries a maximum penalty of 5 years imprisonment. However, the offence of bigamy only applies to attempts to contract a legally recognised marriage; it does not apply to polygamous marriages where there is no attempt to gain recognition for the marriage under Australian law. Whether or not either or both partners were aware of the previous subsisting marriage, the second marriage is void. Foreign polygamous marriages are not recognized in Australia. However, a foreign marriage that is not polygamous but could potentially become polygamous at a later date under the law of the country where the marriage took place is recognized in Australia while any subsequent polygamous marriage is not. While under Australian law a person can be in at most one legally valid marriage at a time, Australian law does recognise that a person can be in multiple de facto relationships concurrently, and as such entitled to the legal rights extended to members of de facto relationships.

<span class="mw-page-title-main">Polygamy in New Zealand</span>

Polygamous marriages may not be performed in New Zealand. A married person who enters into another marriage in New Zealand is guilty of the crime of bigamy. Similar rules apply for civil unions, which have been legal in New Zealand since 2005. However, polygamous marriages legally performed in another country have limited recognition in New Zealand law, provided that no person involved was living in New Zealand at the time of the union.

Polygamy was outlawed in federal territories by the Edmunds Act, and there are laws against the practice in all 50 states, as well as the District of Columbia, Guam, and Puerto Rico. Because state laws exist, polygamy is not actively prosecuted at the federal level.

References

  1. "Definition of BIGAMY". www.merriam-webster.com. Archived from the original on 28 September 2017. Retrieved 28 April 2018.
  2. Smitham, Kasey (11 April 2024). "What is a Cohabitation Relationship?". Legavi (in Polish). Retrieved 2024-04-17.
  3. Turley, Jonathan (3 October 2004). "Polygamy laws expose our own hypocrisy". USA Today . Archived from the original on 22 July 2012. Retrieved 2012-07-30.
  4. Shaw, Malcolm Nathan (2003). International law (5th ed.). Cambridge University Press. pp.  684. ISBN   0-521-82473-7.
  5. "Marriage Act 1961, s 94".
  6. "strafwetboek" article 391
  7. Penal code of Brazil, Art. 235
  8. Criminal Code, sect 290, 291.
  9. "CBC News in Depth: Polygamy". CBC.ca. 2008-04-25. Archived from the original on 9 February 2009. Retrieved 2009-01-11.
  10. Redactora, Myriam Amparo Ramírez (24 February 2001). "La Bigamia". El Tiempo (in Spanish). Archived from the original on 5 October 2012. Retrieved 2012-07-30.
  11. "§ 172 Doppelehe; doppelte Lebenspartnerschaft" . Retrieved 2022-02-11.
  12. "Offences Against The Person Ordinance Cap 212 s 45 Bigamy" . Retrieved 2017-01-20.
  13. "Icelandic Act on Marriage No. 31/1993, Art. 11". Icelandic Ministry of Justice. 2008-01-09. Archived from the original on 2009-03-02. Retrieved 2009-01-11.
  14. Raleigh, David (8 December 2016). "Woman fined €100 after admitting bigamy at Limerick court". TheJournal.ie. Retrieved 11 June 2020. Bigamy carries a maximum seven-year jail sentence on indictment; "Offences Against The Person Act 1861, s. 57". electronic Irish Statute Book (eISB). Retrieved 11 June 2020.; "British Public Statutes Affected: 1861". Irish Statute Book. 29 May 2020. Retrieved 11 June 2020.
  15. "Government is unlikely to treat bigamy law reform as urgent". The Irish Times. 21 July 1999. Retrieved 11 June 2020.
  16. Harding, Maebh (2011). "Religion and family law in Ireland: from a Catholic protection of marriage to a "Catholic" approach to nullity". In Mair, Jane; Örücü, Esin (eds.). The place of religion in family law: a comparative search (PDF). European family law. Vol. 30. Cambridge; Portland, OR: Intersentia. ISBN   978-1-78068-015-6 . Retrieved 11 June 2020.; "People (Attorney General) v Ballins (IRCC)". Irish Jurist. 30: 14–16. 1964. ISSN   0021-1273. JSTOR   44509613?seq=16.
  17. 10 Geo 4 c.34 s.26, repealed by the Statute Law Revision Act 1861; see Davis, James Edward (1861). The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, chapters 94 to 100. Butterworths. pp. 14, 276–277. Retrieved 11 June 2020.
  18. Luddy, Maria; O'Dowd, Mary (2020). "Bigamy". Marriage in Ireland, 1660–1925. Cambridge University Press. pp. 287–288. ISBN   978-1-108-48617-0 . Retrieved 11 June 2020.
  19. Penal Law Amendment (Bigamy) Law, 5719 (1959), which applies to members of each confessional community, including the Jewish and Muslim. "The English Law of Bigamy in a Multi-Confessional Society: The Israel Experience" by P Shifman.
  20. Article 556 of Italian Penal Code.
  21. "Malaysia". Islamic Family Law. Emory Law School. Archived from the original on 2012-07-28. Retrieved 2012-07-30.
  22. Marriage Act of 1975, section 6.
  23. Crimes Act 1961, section 205.
  24. Article 206 of the Polish Penal Code
  25. Article 247 of the Penal Code of Portugal.
  26. Romanian Penal Code, art 376
  27. "Art. 376 Noul Cod Penal Bigamia Infracţiuni contra familiei". legeaz.net. Retrieved 28 April 2018.
  28. Also Civil Code of Romania, art 273.
  29. "Art. 273 Noul cod civil Bigamia Condiţiile de fond pentru încheierea căsătoriei Încheierea căsătoriei". legeaz.net. Archived from the original on 25 March 2016. Retrieved 28 April 2018.
  30. Penal Code of Turkey https://www.legislationline.org/download/id/6453/file/Turkey_CC_2004_am2016_en.pdf Archived 2021-09-02 at the Wayback Machine , Article 230.
  31. The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act 1948 (11 & 12 Geo.6 c.58), section 1(1)
  32. The Magistrates' Courts Act 1980 (c.43), section 32(1) Archived 2012-01-11 at the Wayback Machine