Polygamy in Benin

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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. [1] After the intake of the current constitution, polygamous marriages were constitutionally banned in the country. [2] However, polygamous marriages contracted prior to the ban are still legally recognized by the government. [1]

The share of polygamous marriages in Benin is at 23.5% of all marriages. Polygamy is more common in rural areas compared to urban areas (27.4% versus 18.8%). [3] This share is the lowest in Littoral Department with 8.9% and the highest in Couffo Department with 40.0%.

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<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">Bigamy</span> Act of having two concurrent marriages

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.

Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.

<span class="mw-page-title-main">Littoral (Benin)</span> Department of Benin

Littoral is one of the twelve departments of Benin. At 79 km2 (31 sq mi), Littoral is the smallest department in the country. Its capital is Cotonou, Benin's largest city. The department was created in 1999 with the splitting up of territories of Atlantique Department.

<span class="mw-page-title-main">Plateau Department</span> Department of Benin

Plateau is one of the twelve departments of Benin. The department of Plateau was created in 1999 with an area of 2,835 square kilometres (1,095 sq mi) when it was split off from Ouémé Department. Plateau is subdivided into five communes, each centred at one of the principal towns: Adja-Ouèrè, Ifangni, Kétou, Pobè and Sakété.

<span class="mw-page-title-main">Donga Department</span> Department of Benin

Donga is one of the twelve departments of Benin; its capital is Djougou, the fourth largest city in the country. The department of Donga was created in 1999 when it was split off from Atakora Department. Donga is subdivided into five communes, each centered at one of the principal towns: Bassila, Copargo, Djougou Rural, Djougou Urban and Ouaké.

<span class="mw-page-title-main">Atlantique Department</span> Regional department in the country of Benin

Atlantique is one of the twelve departments in Benin. The department is located in south-central Benin along the Atlantic coast, between Mono and Kouffo Department in the west, Zou in the north, and Ouémé in the east. The department of Atlantique was bifurcated in 1999 when some of its territories was transferred to the newly formed Littoral Department.

<span class="mw-page-title-main">Borgou Department</span> Department of Benin

Borgou is one of the twelve departments of Benin. Borgou borders the country of Nigeria and the departments of Alibori, Atakora, Collines and Donga. The capital of Borgou is Parakou. The department of Borgou was bifurcated in 1999, with its northern territory transferred to the newly created Alibori Department.

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.

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.

<span class="mw-page-title-main">Polygamy in Nigeria</span> Polygamy is legal in the north of Nigeria

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.

Polygamy is illegal in France and has been the center of recent political debates, due to surges of Malian immigrants living polygamously in the country. Due to such, stricter laws have been enforced to stomp out polygamy.

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.

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.

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.

Polygamy in Guinea is generally illegal. Polygamy is regulated under the new 2019 family law. The new regulations stipulate that a marriage is presumed to be monogamous; however a couple may legally enter into a polygynous marriage if the groom declares that he is opting for polygyny during the marriage ceremony and the bride gives "explicit consent". The new law is the result of a long legislative battle between those who wanted free polygamy without restrictions and those who wanted a complete ban.

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 legal in Malaysia in the form of polygyny, that is, between one man and up to four wives. Special permission from an individual state's Syariah Court is required for each marriage after the first by fulfilling the requirements needed by the state's Syariah Law.

References

  1. 1 2 "Benin: Family Code". SIGI. Archived from the original on Jul 1, 2010.
  2. Rotman, Anna, Benin's Constitutional Court: an Institutional Model for Guaranteeing Human Rights, archived from the original on Sep 28, 2011
  3. Principaux Indicateurs Socio Demographiques. Et Economiques. (RGPH-4, 2013) (PDF), Institut national de la statistique et de l'analyse économique, February 2016, archived from the original (PDF) on Jan 19, 2022