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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.
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.
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.
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.
Polygamous unions, specifically polygynous unions, are legal in the island nation of the Maldives, though such unions have been reported to be uncommon. Fifty-nine polygamous marriages took place in 1998. Polygamy is also specifically covered by a 2001 Maldivian law, which orders courts to assess a man's finances before letting him take another wife.
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.
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.
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.
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 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.
Polygamy is the practice of having more than one spouse; while prohibited under Zimbabwean civil law, polygamous marriages may be performed under the country's customary law. Less than one-fifth of the country's population are engaged in polygamy.
The practice of polygamy has had a long history in Kazakhstan, which officially decriminalized the practice in 1998, being the only Central Asian country to do so. Polygamous marriages are not recognized under the law, but bigamy is not a crime. In practice, polygamy is common in Kazakhstan, and is often seen as a sign of a man's social prestige.
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 Africa has existed throughout the history of Africa. Polygamy, particularly polygyny, is a highly valued social institution in Africa. Polygamy is a marriage between a man or woman and their multiple spouses. Polygyny is a marriage between a man and multiple wives. Polyandry is a marriage between a woman and multiple husbands. A common expectation for African kings in African societies is for African kings to symbolically unify his kingdom and the society through partaking in polygamous marriages with wives from a broad range of clans within the society. By doing so, the king reduces the chance of dissident and rival forces developing and rising against him.
References
- ↑ Dikgang, Lebole (17 February 2009). "Polygamy is alive in Botswana". The Botswana Gazette . Archived from the original on 4 April 2012.
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