Polygamy in Indonesia

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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. [1] [2] [3]

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A Muslim man may take up to four wives. As allowed by Islam, a man may take more than one wife as long as he treats them equally and can financially support them all. Despite such religious legality, polygamy has faced some of the most intense opposition in Indonesia of any Muslim majority nation. Recent restrictions have brought about harsher penalties for unlawfully contracted polygamous unions and polygamy is said to be on the decline. Indonesian military personnel are only permitted to practice polygamy if their religion allows it. [4] Additionally, he must prove to the government that his first wife is unable to carry out her duties as a wife. [5]

Polygamy under Balinese Hinduism is sanctioned and unrestricted, but the marriage is regulated by adat (traditional customs). [1] Although polygamous marriages are practiced in Bali, the nature of Hindu polygamy has not been included in the national marriage law debates. [1] The native inhabitants of West Papua and Papua have been practicing polygamy long before the arrival of Christian missionaries. [2] [3] The Papuans who choose to still practice polygamous marriages after being Christians usually conduct the adat marriages instead of the church one. [2]

On a separate note, a feminist group published a list of potentially polygamous in hopes of reducing female votes in those politicians. [6]

Restrictions on civil servants

Indonesian civil servants are restricted from performing polygamy.

Call for complete ban on polygamy

In late April 2008, a rally of Indonesian women led a protest against the nation's laws allowing for polygamy and polygamous marriages; urging the government to enact a complete ban over such marriages. Male Indonesian politicians were found to be largely opposed, and such a ban has yet to take place. [7]

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Polygamy is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married to more than one husband at a 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">Mormonism and polygamy</span> History of polygamy among Mormon denominations

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In cultures where monogamy is mandated, 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.

<span class="mw-page-title-main">Women in Islam</span> Womens role in Islamic culture

The experiences of Muslim women vary widely between and within different societies. At the same time, their adherence to Islam is a shared factor that affects their lives to a varying degree and gives them a common identity that may serve to bridge the wide cultural, social, and economic differences between them.

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<span class="mw-page-title-main">Polygamy in Nigeria</span>

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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.

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.

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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 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.

References

  1. 1 2 3 Martyn, Elizabeth (2004). The Women's Movement in Postcolonial Indonesia: Gender and Nation in a New Democracy. Routledge. p. 178, 184. ISBN   9781134394708.
  2. 1 2 3 Courtens, Ien (2008). Restoring the Balance: Performing Healing in West Papua. BRILL. p. 217. ISBN   9789004253902.
  3. 1 2 Pickell, David (2013). Indonesian New Guinea Adventure Guide: West Papua / Irian Jaya. Tuttle Publishing. ISBN   9781462909254.
  4. Post, The Jakarta. "Defense Ministry permits polygamy".
  5. "Gender Equality in Indonesia — Social Institutions and Gender Index (SIGI)". Archived from the original on 2018-12-11. Retrieved 2009-04-27.
  6. "Polygamous Indonesia politicians may lose female votes". Reuters. April 2009.
  7. "Indonesian women lobby for polygamy ban". ABC News. 23 April 2008.