Polygamy in Afghanistan

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The Republic of Afghanistan, which is an Islamic Republic under Sharia Law, allows for polygyny. Afghan men may take up to four wives, as Islam allows for such. A man must treat all of his wives equally; however, it has been reported that these regulations are rarely followed. While the Qur'an states that a man is allowed a maximum of four wives, there is an unspecified number of women allowed to be his 'concubines'.  These women are considered unprotected and need a man as a guardian. [1]

Contents

Cultural reasons

A common reason for a man to take another wife would be a woman's infertility. [2] Due to the stigma placed on divorce in Afghan society, polygamous relationships are adopted to cope with differences between a husband and wife. [2] Other reports have made it apparent that most Afghan women would rather be a man's third or fourth wife than remain single, even if she is abused or unfairly treated by her husband. [3] It is more common for wealthy men to marry several wives. Practicing polygamous marriages allows men to acquire more land shares, property, wealth, and children. [2] Polygamy is seen to be economically profitable and can increase societal influence for men. In northern Afghanistan, women who are skilled in weaving carpets and rugs are considered a resource to contributing to the family's income. It is common for older men to marry younger girls in polygamous marriages in Afghanistan. In the case of death, widowed women are forced to remarry. [2] Men are obligated to marry the widow of a male family member. A widow who refuses to remarry an in-law faces the possibility of losing custody of their children. [4]

Gender roles

Men

Though permitted, polygamy is not universally approved by all Afghan men. Some men that can afford to support several wives prefer monogamist relationships because there is a worry about domestic trouble in Afghan harems. [5] Disputes among women married to the same man is described to be the most prevalent reason for the disapproval of polygamy. [6]

Large numbers of Afghan men cannot afford to buy a wife (through providing money for dowries and weddings). A majority of the pastoral population only take one wife. [5] When the nonprofit International Council on Security and Development interviewed more than 420 Afghan men in 2010, 82 percent suggested that the best way to discourage young men from joining the Taliban would be to provide them with money for dowries and weddings. [7] In general, there are not enough women for some men to have multiple wives and, at the same time, for every man to have one wife.

Women

Consent is not required when it comes to women marrying married men. Some factors that force women to show consent are the lack of centralization in the family, economic problems, and death of a previous husband. [8] Women living alone is against the social norms in Afghanistan, making them dependent on their parents and relatives. Unmarried women can be seen as a burden, so they are forced to get married. [8] Many women give consent to marriage without knowledge of the man's marital status. The civil law of Afghanistan states that men are obligated to inform all his wives and prospective brides about each other. This condition in the civil law is not practiced in many cases. 34% of men have failed to tell their second wives about his marital status. [8] The civil law of Afghanistan also states that the first wife has the ability to approve her husband's second marriage. The law allows a wife the right to separate from her husband if he fails to get her consent. Many women choose not to practice this right because she risks losing custody of her children, financial support, and family status. [8]

Polygamy and politics

In the eighteenth and nineteenth-century, polygamous unions for politics was a common practice. [1] The Durrani Pashtun leaders took on more than four wives to obtain more privileged positions. [1] The large number of royal offspring caused confusion on the hierarchical order which resulted in feuds between the family. Historians credit the polygamic-based inter-dynastic rivalries for causing political instability, social and economic development and national unity. [1]

Contemporary attitudes

Before 1928, many men abused the concept of 'concubinage' which allowed them to take on more than four wives. King Amanullah (1919–1928) created strict laws that limited polygamy to only four lawful wives. Amanullah believed that monogamy was more Islamic and promoted women's rights. Along with putting restrictions on polygamy, Amanullah also encouraged women to unveil in public. [9]

Polygamy in Afghanistan has not been outlawed and is currently practiced. The restrictions have been regulated by the 1977 Civil Code which now require husbands seeking new wives to prove that there no fear of injustice to his current wives, have the means to provide his wives with basic necessities, and a lawful reason must exist for the new marriage. [10] The 1977 Civil Code gave women the right to divorce her husband if he violates any of the conditions required to take on a new wife. [10]

In June 2000, the women's conference in Kabul attempted to make an appeal that forced marriage should be considered a criminal offense and that women who are forced into marriages should be granted the status of being a victim. [11]

In 2009, President Hamid Karzai issued a decree known as the Elimination of Violence Against Women Act. The decree, which would have outlawed polygamy, was never ratified by the legislature. [12]

In May 2022, Supreme Leader Hibatullah Akhundzada issued a decree banning Taliban members from taking multiple wives. [13]

See also

Related Research Articles

Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

<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.

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.

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<span class="mw-page-title-main">Women in Afghanistan</span>

Women's rights in Afghanistan have oscillated back and forth depending on the time period as well as the regime in power. After King Amanullah Khan's attempts to modernize the country in the 1920s, women officially gained equality under the 1964 Constitution. However, these rights were taken away in the 1990s through different temporary rulers such as the mujahideen and the Taliban during the Afghan civil war. During the first Taliban regime (1996–2001), women had very little to no freedom, specifically in terms of civil liberties. When the Taliban was overthrown by the United States following the September 11 attacks, women's rights gradually improved under the presidential Islamic Republic of Afghanistan. Women were de jure equal to men under the 2004 Constitution.

Polygamy is "the practice or custom of having more than one wife or husband at the same time." Polygamy has been practiced by many cultures throughout history.

<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">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.

Akin to Uganda, Republic of the Congo and the Central African Republic, Zambia is one of the few Christian nations that allows polygamous unions to be legally formed. Under Zambian law, polygamous unions may be contracted and they have been reported to be extremely widespread in the nation. Similar to most countries that provide polygamy as a form of marriage, the first wife must consent to the practice of polygamy before she marries her husband. If she declines, her husband will not be allowed to marry another woman while married to his current wife. According to a 2003 survey, 16% of marriages in Zambia are polygamous. While frequently more common in rural areas, the practice can also be found in more urban settings.

The practice of what is usually called polygamy, enjoys de facto and de jure legality in Kenya. It is to be understood as polygyny, however.

Polygamous marriages are not recognized in the Russian Federation. The Family Code of Russia states that a marriage can only be contracted between a man and a woman, neither of whom is married to someone else. Furthermore, Russia does not recognize polygamous marriages that had been contracted in other countries. Under Russian law, de facto polygamy or multiple cohabitation in and of itself is not a crime.

Polygamy is legal under certain circumstances in South Africa. All polygamous marriages entered into in accordance with the provisions of the Recognition of Customary Marriages Act are legal. The husband in an existing customary marriage wishing to marry a second wife must apply to a competent court for such a marriage to be legal. Hence former President Jacob Zuma currently has four legally-recognised wives. The court considers the interests of all parties to the marriage and may add whatever conditions the court deems just for the polygamous marriage to be valid under customary law. Polygamous marriages are not allowed under the Marriage Act and the Civil Unions Act.

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.

Polygamous marriages are legally recognized for men in Saudi Arabia, in accordance with Islamic Sharia law, which allows for Muslim men to marry up to four wives, provided that he treats them equally and shares all his wealth equally. However, attitudes towards polygamy in Saudi Arabia have changed in recent decades and became very rare to practice it in the present times.

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 and civil polygamous marriages are legal in Bangladesh but restricted according to a law of 1961, though the practice is rapidly declining. According to a Pew Research Center study, less than 1% of Bangladeshi men are in polygamous marriage, much lower than the average rate found in other nations that permit polygamy. Certain cities have also placed hefty taxes on the practice of polygamy, with the tax increasing per each new wife the man takes. A Bangladeshi Muslim man can marry up to four wives at the same time but must have permission from existing wives. There is no known limit for the number of wives a Hindu man can take in Bangladesh.

<span class="mw-page-title-main">Hibatullah Akhundzada</span> Supreme leader of Afghanistan since 2021

Mullah Hibatullah Akhundzada, also spelled Haibatullah Akhunzada, is an Afghan cleric who is the supreme leader of Afghanistan in the internationally unrecognized Taliban regime. He has led the Taliban since 2016, and came to power with its victory over U.S.-backed forces in the 2001–2021 war. A highly reclusive figure, he has almost no digital footprint except for an unverified photograph and several audio recordings of speeches.

The politics of Afghanistan are based on a totalitarian emirate within the Islamic theocracy in which the Taliban Movement holds a monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles. As the government is provisional, there is no constitution or other basis for the rule of law. The structure is autocratic, with all power concentrated in the hands of the supreme leader and his clerical advisors. According to the V-Dem Democracy indices Afghanistan was as of 2023 the 4th least electoral democratic country in the world.

References

  1. 1 2 3 4 Saikal, Amin (15 July 2012). Modern Afghanistan : a history of struggle and survival. ISBN   9781780761220. OCLC   815836800.
  2. 1 2 3 4 Hafizullah Emadi (2002). Repression, resistance, and women in Afghanistan. Praeger. ISBN   0275976718. OCLC   464761019.
  3. ↑ "Afghanistan: Family Code". Archived from the original on 2017-11-01. Retrieved 2009-04-27.
  4. ↑ "Decisions, Desires and Diversity: Marriage Practices in Afghanistan". Afghanistan Research and Evaluation Unit: (section 8.2). February 2009 – via Refugee Documentation Centre of Ireland.
  5. 1 2 Gallichan, Walter Matthew (2013). Women under polygamy. Theclassics Us. ISBN   978-1230253855. OCLC   923418858.
  6. ↑ Afghanistan Research and Evaluation Unit (February 2009) Decisions, Desires and Diversity: Marriage Practices in Afghanistan (section 8.5)
  7. ↑ Weiss, Kenneth R. (July 22, 2012). "Runaway population growth often fuels youth-driven uprisings". Los Angeles Times.
  8. 1 2 3 4 Open Society Institute & Soros Foundations Network (2006) Polygamy in Afghanistan, p. 34
  9. ↑ Chua, Andrew. “The Promise and Failure of King Amanullah’s Modernisation Program in Afghanistan.” The ANU Undergraduate Research Journal, vol. 5, no. 2013, 2014.
  10. 1 2 Lau, Martin. “Islamic Law and the Afghan Legal System.” London School of Economics and Political Science, 2003.
  11. ↑ Riphenburg, Carol J. “Post-Taliban Afghanistan: Changed Outlook for Women?” Asian Survey, vol. 44, no. 3, 2004, pp. 401–421., doi:10.1525/as.2004.44.3.401.
  12. ↑ Nordland, Rod; Sukhanyar, Jawad (7 November 2015). "Afghan Mullah Leading Stoning Inquiry Condones Practice". The New York Times . Retrieved 1 November 2016.
  13. ↑ TOLOnews [@TOLOnews] (20 May 2022). "A new decree of the supreme leader of the Islamic Emirate Mawlawi Hibatullah Akhundzada instructed the members of the Islamic Emirate to avoid two, three or four marriages, which are not necessary and expensive" (Tweet). Retrieved 29 January 2023– via Twitter.
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