Polygamy in Kazakhstan

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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. [1] Polygamous marriages are not recognized under the law, but bigamy is not a crime. [2] In practice, polygamy is common in Kazakhstan, [3] and is often seen as a sign of a man's social prestige. [4]

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Polygamous marriage

While currently illegal, there have been numerous proposals in the recent years to legislate polygamous marriage in the country; the most recent attempt was in mid-2008. [5] A similar bill was introduced in 2007, [6] though was swiftly killed in the parliament. In February 2011, presidential candidate Amatay Asilbek stated that legalizing polygamy was one of his campaign positions. [7]

Many proponents of the legislation of polygamous civil marriage in Kazakhstan have argued that legalizing polygamous marriage would help balance out the uneven population, while others have cited the Qur'an as an argument in favor of such legislation, which permits men to marry up to four wives; according that he treats them equally and can financially look after them.

Opponents argued that the practice was dangerous to society, while other groups viewed the legislation as discrimination against women, since it would not allow for polyandrous marriages, which sparked a social debate over a possible "common ground" resolution.

Public opinion

A poll conducted in 2004 found that some 40% of Kazakh men supported the legislation of polygamy in Kazakhstan, while only 22% of women supported the idea, though with some reservations. [1]

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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.

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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.

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.

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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 is illegal in Uzbekistan and the nation does not provide for polygamous marriages under civil law or customary law. Despite such illegalities, there have been recent debates about the legislation of polygamous marriages under civil law; though such measure have always failed to pass.

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.

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

  1. 1 2 Saidazimova, Gulnoza (2008-05-28). "Central Asia: Kazakhstan Debates Polygamy Amid Regional Rise In Popularity". Rferl.org. Retrieved 2014-01-27.
  2. "Polygamy a Fact of Life in Kazakhstan".
  3. "Polygamy a Fact of Life in Kazakhstan".
  4. "Kazakstan: The Pain of Polygamy".
  5. Gizitdinov, Nariman (8 December 2013). "Polygamy offers young women of Kazakhstan a ticket out of poverty". The Independent. Retrieved 22 June 2018.
  6. Pannier, Bruce (20 March 2007). "Kyrgyzstan: Debate On Legalized Polygamy Continues". Radio Free Europe / Radio Liberty. Archived from the original on 26 July 2009. Retrieved 22 June 2018.
  7. Platt, John (2011-02-18). "Kazakhstan presidential candidate wants to legalize polygamy". Mnn.com. Retrieved 2014-01-27.