Polygamy in Guinea

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Polygamy in Guinea is generally illegal. Polygamy is regulated under the new 2019 family law. [1] 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. [2]

Under the previous law polygamy was banned for civil marriages, but the law was not enforced. [3] Polygamy was widely practiced in religious marriages. [4]

Prevalence of polygamy

The prevalence of polygamy in Guinea is one of the highest in the world, although it is today less common than in the past. UNICEF reported in 2005 that 53.4% of Guinean women aged 15–49 were in polygamous marriages. [5] 29.8% of girls aged between 15 and 19 were in polygamous marriages. [6] In 2020, it was estimated that about 26% of marriages were polygamous (29% Muslim and 10% Christian). [7]

Guinea is part of the "polygamy belt", a part of West and Central Africa that stretches across Africa, from Senegal to Tanzania, in which polygamy is very common and strongly rooted in culture and society. [8] [9]

Guinea is estimated (as of 2020) to have the sixth highest polygamy rate in the world (after Burkina Faso, Mali, Gambia, Niger and Nigeria). [10]

Related Research Articles

<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.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the legal requirements, 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.

As Yemen is a mostly-Muslim nation, polygamy is lawful. Polygamy is permissible in Islam up to four wives, as long as the husband devotes equal attention to each of them.

<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 in Eswatini is legal but rare due to high bride prices. Eswatini has a dual legal system of common law, based on Roman-Dutch law, and traditional unwritten Swazi law. Polygamous marriages are mostly performed under traditional law but also sometimes under civil marriage.

Polygamy in Mali is legal and frequently practiced.

Polygamy in Chad is legal and it is commonly practiced. Chad is part of the "polygamy belt", a region in Africa which includes countries in West and Central Africa where polygamy is common and deeply rooted in the culture.

While polygamous marriages are not legally recognized under the civil marriage laws of Namibia, a bill was successfully passed in 2003, based on the model in South Africa, which recognizes polygamous unions under customary law; affording a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody. It has been estimated that nearly one in seven women in Namibia live in polygamous relationships, which has resulted in large numbers of unmarried men.

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 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.

PolygamyinTajikistan is illegal, and the law does not provide for any form of legally recognized polygamous marriage or union. Similar to the situation in neighboring countries, polygamy is quite prevalent in Tajikistan due to significant gender imbalance in the country. According to reports in 2006, the practice is apparently on the rise. There has also been debate about legalizing polygamous civil marriage in the country.

Polygamy was outlawed in federal territories by the 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.

Polygamy is legal in Egypt, but not common.

References

  1. ↑ Kiunguyu, Kylie (2019-06-06). "Guinea gives first wives the legal right to approve a polygamous marriage". This is africa. Retrieved 2022-02-17.
  2. ↑ "Guinea: Parliament Approves Civil Code That Would Legalize Polygamy". Library of Congress. Retrieved 2022-02-17.
  3. ↑ "Guinea: Parliament Approves Civil Code That Would Legalize Polygamy". Library of Congress. Retrieved 2022-02-17.
  4. ↑ "Guinea: Controversy about the new polygamy law | West Africa Gateway | Portail de l'Afrique de l'Ouest". www.west-africa-brief.org. Retrieved 2022-02-17.
  5. ↑ ""Early Marriage A Harmful Traditional Practice - A Statistical Exploration", UNICEF, 2005, p. 38" (PDF). Archived from the original (PDF) on 2014-08-28. Retrieved 2014-10-23.
  6. ↑ ""Early Marriage A Harmful Traditional Practice - A Statistical Exploration", UNICEF, 2005, p. 38" (PDF). Archived from the original (PDF) on 2014-08-28. Retrieved 2014-10-23.
  7. ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.
  8. ↑ Fenske, James (2013-11-09). "African polygamy: Past and present". VoxEU.org. Retrieved 2022-02-17.
  9. ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.
  10. ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.
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