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Non-monogamy and polyamory |
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Non-monogamy (or nonmonogamy) is an umbrella term that describes a relationship arrangement where one or more partners are not sexually and/or romantically exclusive to each other. [1] Monogamy and non-monogamy are not strictly binary categories, but rather exist on a continuum encompassing various degrees of exclusivity and openness - at one end of this continuum lie strictly monogamous relationships, while at the other end are openly non-exclusive arrangements with numerous nuanced forms of varying degrees of openness in between. [2] [3] [4] [5] Non-monogamous relationships have been practiced across cultures and throughout history, reflecting diverse social norms, legal frameworks, and personal preferences. [6] [7] [8]
In contemporary discourse, non-monogamy is understood to encompass a variety of practices, ranging from culturally institutionalised arrangements like polygamy to consensual agreements such as open relationships and polyamory, as well as non-consensual forms like infidelity.
In the Western world, from a legal perspective, marrying more than one person is not permitted, as the law recognises only monogamous marriage—a union between two individuals. [9] [10] However, in many other regions, particularly Muslim-majority countries, polygamy is legally recognized and culturally normalized. [11] Another key characteristic that distinguishes different forms of non-monogamous relationships is whether they are practiced with the knowledge and consent of all involved parties. These distinctions allow non-monogamy to be broadly categorised into three major forms:
It is important to note that the above-described categories are not mutually exclusive or collectively exhaustive as individual experiences often diverge from standard definitions due to the intricate nuances inherent in the complexity of human sexual relationships. [19] [22] The fluid and complex nature of human sexual and romantic relationships allows for diverse expressions that may not fit neatly into a single category, with subtle nuances often blurring the boundaries between these forms. [1] [17] [19]
Non-monogamy is practiced globally, but its prevalence varies significantly depending on cultural, legal, and societal factors.
Polygyny is legally recognised and regulated in many Muslim-majority countries, where Islamic law permits a man to marry up to four wives under specific conditions. In some countries like Saudi Arabia, Iran, Qatar, Jordan, Yemen, Algeria, and Mauritania polygyny is legal and regulated by a Family Law. [44] In other countries like Pakistan, Egypt, Iraq, Syria, Morocco, Indonesia and Malaysia polygyny is allowed only under conditions like first wife’s disability or infertility, requires the written consent of the first wife and sometimes of a judge. [11] [44] However, over the past several decades, some of the Muslim-majority countries have experienced significant reforms in Muslim Family Law and several countries have taken steps to ban polygyny, reflecting changing societal attitudes and efforts to promote gender equality. For example, Tunisia banned polygyny as part of its family law reform under president Habib Bourguiba in 1956. [45] As part of Mustafa Kemal Atatürk's secular reforms, Turkey banned polygyny in 1926, replacing Islamic family law with a Swiss-inspired civil code. [46] In Kazakhstan, Uzbekistan, Kyrgyzstan, and Tajikistan polygyny was prohibited under Soviet law and these bans were reaffirmed or codified into new national family laws in 1998 after these countries regained independence. [47] [48]
Polyandry is considered incompatible with Sharia law and is therefore not recognised in Muslim-majority countries. [49] Polyandry persists informally in certain traditional societies, such as in the Himalayan regions of Tibet and Nepal, where fraternal polyandry helps preserve family property and manage limited agricultural land, and among communities like the Toda tribe in South India and parts of Himachal Pradesh, though it is not legally recognised. [50]
In the United States, Canada, all European countries, and Russia, marriage is legally defined as a union between two individuals, and no form of polygamy is legally recognised. [51] In the United States and Canada, polygamy is strictly prohibited, with violations resulting in criminal penalties such as fines or imprisonment. [52] Across Europe, polygamous marriages are not recognised due to public policy conflicts, gender equality principles, and fundamental legal values. For example, in France and Germany, polygamy is not recognised under civil law, and attempts to enter into such unions can result in criminal charges, denial of marital benefits, or annulment of subsequent marriages. Polygamy is broadly unrecognised in European countries, posing challenges for asylum seekers with multiple spouses, as typically only one spouse is granted a residence permit and international protection. [53] However, some countries may evaluate such cases individually, considering specific circumstances. [53] [54] [55] [56]
Unlike polygamy, CNM does not involve multiple legally recognised marriages but instead consists of consensual agreements between adults to engage in multiple romantic or sexual relationships. This distinction allows CNM to operate within the bounds of the law in jurisdictions where monogamy is the legal marital standard. At the same time, the lack of legal recognition for CNM relationships means they are excluded from many legal protections, such as inheritance rights, hospital visitation, spousal visas, and parental responsibilities, as existing legal frameworks typically do not accommodate multiple concurrent partnerships. [57] [58] [22] However, in recent years Canada and some of the U.S. states have taken steps toward recognising CNM relationships. In April 2018, the Newfoundland and Labrador Supreme Court in Canada recognized three adults in a polyamorous relationship as the legal parents of a child, marking a significant precedent in family law. [59] Similarly, in June 2020, Somerville, Massachusetts, became the first U.S. city to adopt an ordinance permitting domestic partnerships involving more than two adults, thereby legally recognising CNM relationships. [60]
Consensually non-monogamous relationships have no legal recognition in Muslim-majority countries, and extramarital relationships, even consensual, are typically criminalised. [61]
Secretive non-monogamy (non-consensual non-monogamy), commonly referred to as infidelity or adultery, is addressed differently across global legal frameworks, with variations based on cultural, religious, and societal norms. In most Western nations like the United States, Canada, and much of Europe, while viewed as a moral transgression, infidelity is not punishable under criminal law. [62] Conversely, in several Muslim-majority countries and others with laws influenced by religious doctrine, infidelity is criminalised under adultery laws. [61] Countries such as Saudi Arabia, Iran, and Pakistan classify extramarital relationships as criminal acts, with punishments ranging from fines and imprisonment to flogging or, in extreme cases, capital punishment. [61] Marital infidelity is explicitly recognised as grounds for divorce under the laws of Iraq, Algeria and the United Arab Emirates. [44] In some jurisdictions, infidelity laws apply differently based on gender, with women often facing harsher consequences than men. [63]
In Western cultures, monogamy is widely regarded as superior to relationships involving multiple partners. [22] This preference for monogamous relationships is often referred to as mononormativity or monocentrism. [22]
Consensually non-monogamous individuals face widespread stigma and are often misunderstood due to various stereotypes and myths. [22] One of them is that those in CNM relationships are primarily motivated by a desire for more sex, leading to an increased risk of sexually transmitted infections. [22] Studies have found that individuals practicing consensual non-monogamy are more likely to engage in safer sex practices and less likely to use condoms incorrectly compared to individuals who engage in extra-dyadic sex within ostensibly monogamous relationships [15] [64] or compared to monogamous population. [65] This can be explained by the fact tha CNM individuals tend to prioritize open communication and explicit agreements about sexual boundaries, which often include discussions about safer sex practices. Several studies have explored societal attitudes toward different forms of CNM relationships, but the findings are often conflicting and inconclusive. While some research indicates more positive attitudes toward polyamorous relationships, [19] [66] emphasising emotional and romantic connections, other studies suggest that swinging or group sex, which focus primarily on sexual activity, [67] are viewed more favourably.
Social attitudes toward secretive non-monogamy are overwhelmingly negative across most cultures. While being the most prevalent form of non-monogamy and as common as monogamy, [68] secretive non-monogamy is widely condemned due to its association with betrayal, dishonesty, and the violation of trust within relationships. Factors such as societal gender norms, power dynamics, and the perceived acceptability of infidelity within certain contexts (e.g., among men versus women) influence attitudes toward secretive non-monogamy. Additionally, individuals in different relationship forms (e.g. dating, in a relationship, engaged, marriage, cohabiting, polyamory, etc.) might have different views on what constitutes infidelity [36] . Research shows that people in different cultures view infidelity in very different ways [69] . In collectivist societies, like many in East Asia or the Middle East, infidelity—especially sexual infidelity by women—is often seen as a serious threat to family honour and social harmony [69] . In contrast, individualist societies, such as those in Western Europe and North America, tend to focus more on personal trust and emotional honesty [70] .
Non-monogamy introduces unique challenges to involved partners, such as managing emotions like jealousy, maintaining trust and boundaries, and navigating social stigmas. Couples are more likely to adapt positively to non-monogamy if specific foundational conditions are met. This includes both partners wanting their relationship to remain primary, the couple having an established reservoir of good will, and a minimum of lingering resentments from past hurts and betrayals. [71] A shared agreement on the decision to pursue non-monogamy, along with a sense of equality and autonomy between partners, is also crucial in building trust and navigating the complexities of a non-exclusive arrangement. [71] Studies emphasise the importance of direct communication between partners. Key topics for discussion include the degree of openness versus secrecy in their arrangement, ensuring voluntary participation and avoiding coercion and inequality, and clarity versus vagueness. [71]
While it is tempting to categorise non-monogamy in broad categories, human relationships are complex and multifaceted with many terms emerging to reflect the nuanced nature of non-monogamous arrangements. Some people use the term "monogamish" to describe relationships that are primarily monogamous but allow for some degree of flexibility in terms of sexual or romantic experiences outside the primary partnership. [72] [68] Partners in such relationships may, for example, agree to occasional flings, participation in group activities, or other consensual experiences that do not threaten the emotional core of their partnership. Similarly, the term "don't ask, don't tell" is used to describe a relationship arrangement where partners tacitly agree to allow sexual or romantic activities outside the primary relationship, but without explicitly discussing or disclosing the details of those activities. [68]
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