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The legal status of polygamy varies widely around the world. Polygamy 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.
In countries that ban polygamy, the offence is commonly called bigamy, though the penalty varies between jurisdictions. In some countries where polygamy is illegal, the prohibition is not enforced.
Note: These countries are included separately because they have specific legislation aimed only at Muslims.
India (for Muslims and in Goa) [60]
Africa
Polygamy is more widespread in Africa than in any other continent, being most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria. [69] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). [70] Polygamous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.
As in Africa, polygamy continues to be practiced in parts of Asia, regardless of laws.
In most countries, a person who marries a person while still being lawfully married to another commits bigamy, a criminal offence, though penalties vary between jurisdictions. Besides, the second and subsequent marriages are considered legally null and void.
The United Kingdom, Australia, and New Zealand permit some benefits for spouses of polygamous marriages performed abroad. In the past, Sweden used to recognize polygamous marriages performed abroad; but since 2021, Sweden no longer recognizes such marriages, save in exceptional circumstances. [138] In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis; [144] see § Europe.
In Canada, both bigamy (article 290 of the Criminal code of Canada) [145] ) and de facto polygamy (article 293 of the Criminal Code) [146] are illegal, but there are provisions in the property law of at least the Canadian province of Saskatchewan that consider the possibility of de facto multiple marriage-like situations (e.g. if an already married person enters into a second common-law relationship situation without first obtaining a legal divorce from their existing spouse). [147] [ better source needed ]
The vast majority of sovereign states with a Muslim-majority population recognize polygamous marriages: these states span from the West Africa to Southeast Asia, with the exceptions of Turkey, Tunisia, Albania, Kosovo and Central Asian countries. [148] [149] [150] [151]
Predominantly Christian nations usually do not allow polygamy, with a handful of exceptions such as the Republic of the Congo, Uganda, and Zambia.
Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law. All the northern states in Nigeria governed by Islamic Sharia law recognize polygamous marriages. 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.
Polyandry is de facto the norm in rural areas of Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan [38] in various forms as it has since ancient times. It is also found in parts of Nepal, [152] despite its formal illegality in the country. [153]
Debates of legalizing polygamous marriages continue in Central Asian countries.[ citation needed ]
In 2000, the United Nations Human Rights Committee reported that polygamy violates the International Covenant on Civil and Political Rights (ICCPR), citing concerns that the lack of "equality of treatment with regard to the right to marry" meant that polygamy, restricted to polygyny in practice, violates the dignity of women and should be outlawed. [154] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities [155] and reports to the General Assembly of the UN have recommended it be outlawed. [156] [157]
Some countries where polygamy is legal are not signatories of ICCPR, including Saudi Arabia, United Arab Emirates, Qatar, Oman, Malaysia, Brunei and South Sudan; so that ICCPR does not apply to these countries. [158] It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law. [159]
The tables below cover recent pieces of legislation that have been either debated, proposed or voted on; all of which concerns a form of polygamous union.
Country | Date | Polygamous union | Upper House | Lower House | Head of State | Final outcome | ||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
Iraq | 1963 | Polygamous civil marriage (revoke of prohibitions) [160] | Passed | Passed | Signed | Yes | ||
Philippines | February 1977 | Polygamous civil marriage (Muslims only) [161] | - | - | Signed | Yes | ||
United Kingdom | 1987 or earlier | Foreign marriages may receive benefits payments, being phased out [140] | ||||||
Malawi | 1994 | Customary law (recognizes polygamous unions) [162] | Passed | Passed | Signed | Yes | ||
Libya | 1998 | Polygamous civil marriage [163] | Passed | Passed | Signed | Yes | ||
South Africa | 1998 | Customary marriage (civil recognition) [164] | Passed | Passed | Signed | Yes | ||
Namibia | 2003 | Customary law (recognizes polygamous unions) [165] | Passed | Passed | Signed | Yes | ||
Namibia | 2004 | Pension benefits to wives of a deceased president [166] | - | Failed | - | No | ||
Uganda | 2005 | Polygamous civil marriage (easing of laws; plus restrictions) | Passed | Passed | Signed | Yes | ||
Kyrgyzstan | 2007 | Polygamous civil marriage [167] | Failed | - | - | - | No | |
Kazakhstan | 2007 | Polygamous civil marriage [167] | 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 [168] | Failed | - | - | - | No | |
Iran | September 2008 | Polygamous civil marriage (easing of laws) [169] | Failed | - | - | - | No | |
Namibia | July 2009 | Polygamous civil marriage [170] | Proposed | - | - | - | - | |
Russia | 2009 | Polygamous civil marriage | Proposed | - | - | - | - | |
Kenya | March 2014 | Polygamous civil marriage | Passed [16] | - | - | - | Yes |
Country | Date | Prohibition type | Upper House | Lower House | Head of State | 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 [171] | Passed | Passed | Signed | Yes | ||
Thailand | October 1935 | Outlaws polygamy; polygamous marriage [172] | Passed | Passed | Signed | Yes | ||
North Vietnam (modern Vietnam) | October 1950 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Syria | 1953 | Restrictions on polygamous marriage [160] | Passed | Passed | Signed | Yes | ||
India | 1955 | Outlaws Polygamy (Polygamy for Muslims was outlawed after a verdict by the Supreme Court of India in 2015) [173] | Passed | Passed | Signed | Yes | ||
Tunisia | 1956 | Ban on polygamy; polygamous marriages [174] | Passed | Passed | Signed | Yes | ||
Iraq | 1959 | Ban on polygamy; polygamous marriage [160] | 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 [175] | Passed | Passed | Signed | Yes | ||
Eritrean People's Liberation Front (modern Eritrea) | 1977 | Outlaws polygamy; polygamous marriage (districts under Sharia exempt) [176] | Passed | Passed | Signed | Yes | ||
Egypt | 1979 | Restrictions on polygamous marriage; ease of divorce laws [174] | Passed; abrogated | - | - | - | No | |
Egypt | 1985 | Restrictions on polygamous marriage (less liberal) [174] | Passed | Passed | Signed | Yes | ||
France | 1993 | Outlaws family reunion for polygamist immigrants [177] | Passed | Passed | Signed | Yes | ||
Uganda | December 2003 | Outlaws polygamy [178] | Failed | - | - | No | ||
Morocco | 2003 | Restrictions on polygamous marriage [174] | Passed | Passed | Signed | Yes | ||
Benin | August 2004 | New penal code outlaws polygamy; polygamous marriages (upholds existing) [179] | Passed | Passed | Signed | Yes | ||
Morocco | February 2005 | Restrictions on polygamous marriage (heavy restrictions) [180] | Passed | Passed | Signed | Yes | ||
Uganda | July 2005 | Outlaws polygamy [181] | Failed | - | - | No | ||
Indonesia | 2007 | Bans civil servants from living polygamously [182] | Passed | Passed | Signed | Yes | ||
Morocco | May 2008 | Restrictions on polygamous marriage (heavy restrictions)[ citation needed ] | Passed | Passed | Signed | Yes | ||
Uganda | June 2008 | Outlaws polygamy [178] | Failed | - | - | No | ||
Iraqi Kurdistan | Nov. 2008 | Outlaws polygamy except in selective circumstances [183] | Passed | Passed | Signed | Yes | ||
Mayotte | March 2009 | 2009 Mahoran status referendum (passage outlaws polygamy) [184] | Territory-wide referendum | Yes | ||||
Turkey | May 2009 | Disallows polygamists from immigrating into the country [185] [ failed verification ] | Yes | |||||
Indonesia | July 2009 | Restrictions on polygamous marriage [186] | Pending | Pending | - | - | ||
Namibia | July 2009 | Ban on polygamy and polygamous customary marriages | Proposed | - | - | - | - |
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.
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. 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, 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.
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.
A husband is a man involved in a marital relationship, commonly referred to as a spouse. The specific rights, responsibilities, and societal status attributed to a husband can vary significantly across different cultures and historical periods, reflecting a global perspective on this role.
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, 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.
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.
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.
The Social Institutions and Gender Index (SIGI) is an index that measures discrimination against women. It solely focuses on social institutions which are formal and informal laws, social norms and customary practices that impact the roles of women. The SIGI is a multifaceted measure that focuses on four dimensions: Discrimination in the family, Restricted physical integrity, Restricted access to productive and financial resources, and Restricted civil liberties.
Polygamy in Pakistan is legally permissible, according to the law of 1961, but restricted to Muslim men, who may have a maximum of four wives at one time. However it is illegal for Hindus as per the Hindu marriage law.
Under civil law, Nigeria does not recognize polygamous unions. However, 12 out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages. All twelve states are governed by Sharia law. The states, which are all northern, include the states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara which allows for a man to take more than one wife.
The nation of Benin recognizes polygamous marriages neither by civil law nor by customary law. Polygamy was permitted until 2004 when it was formally abolished. After the intake of the current constitution, polygamous marriages were constitutionally banned in the country. However, polygamous marriages contracted prior to the ban are still legally recognized by the government.
Polygamy is legal in Indonesia, the largest Muslim population in the world. Polygamy in Indonesia is not just practiced by Muslims, but also customarily done by non-Muslim minorities, such as the Balinese and the Papuans.
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.
Polygamy is illegal in Ghana, but the restrictions are not heavily enforced. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law. Despite these exceptions, there have been no reports of a legally contracted polygamous marriage in Ghana; and are considered to be "de facto" illegal. An estimated 22% of Ghanaian women live polygamously.
The OECD Gender, Institutions and Development (GID) Database, or GID-DB, contains more than 60 data indicators of gender equality. The GID-DB was introduced in 2006 by the OECD Development Centre to provide a data tool to help researchers and policy makers determine and analyze obstacles to women's social and economic development. It provides these gender-related data for up to 162 countries from Afghanistan to Zimbabwe, thereby covering all regions and country-income-categories of the world.
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.
This article provides an overview of marital rape laws by country.
Polygamy was outlawed in federal territories by the 1882 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.
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: CS1 maint: bot: original URL status unknown (link)The practice of polygamy is legal in the Central African Republic but faces growing resistance among educated women
We all know male polygamy is legal.
[Polygamy] legally becomes theoretically almost impossible if not completely impossible.
Polygamy is commonly practiced in many African societies, including South Sudan.
Although Angolan law condemns polygamy, or multiple marriages, the practice is widespread in a country with a large share of female-headed households and where woman are often left alone to care for their children.
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: CS1 maint: archived copy as title (link)Although polygamy is prohibited in Mozambique there is no punishment. Across the country nearly a third of married women are thought to be in polygamous marriages, according to a NORAD survey.
The modern constitution forbids polygamy; some say it is commonly practiced more often when family economics permit.
The State does not recognise church decrees of annulment. In effect, all marriages celebrated after a church decree of annulment are bigamous and priests celebrating these marriages are accessories before the fact to bigamy and liable to criminal prosecution. ... we have turned a blind eye to the celebration of bigamous marriages and abandoned couples who celebrate them to a legal limbo for so many years.
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