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Polygyny is the most common and accepted form of polygamy around the world, entailing the marriage of a man with 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, 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.
Polygamy was practiced by leaders of the Church of Jesus Christ of Latter-day Saints for more than half of the 19th century, and practiced publicly from 1852 to 1890 by between 20 and 30 percent of Latter-day Saint families.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. While Article 25-28 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
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.
The Women's Charter 1961 is an Act of the Singaporean Parliament passed in 1961. The Act was designed to improve and protect the rights of females in Singapore and to guarantee greater legal equality for women in legally sanctioned relationships. Among other things, the Act provides for the institution of monogamous marriages, the rights of husbands and wives in marriage, the protection of the family, and the legal potentialities with regard to divorce and separation.
Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.
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.
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.
Women's suffrage in Utah was first granted in 1870, in the pre-federal period, decades before statehood. Among all U.S. states, only Wyoming granted suffrage to women earlier than Utah. Because Utah held two elections before Wyoming, Utah women were the first women to cast ballots in the United States after the start of the suffrage movement. However, in 1887 the Edmunds–Tucker Act was passed by Congress in an effort to curtail Mormon influence in the territorial government, disallowing the enfranchisement of the women residents within Utah Territory. Women regained the vote upon Utah statehood in 1896, when lawmakers included the right in the state constitution.
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 Uganda, where a man is allowed to marry multiple wives at a time. Due to this, most families tend to contain an abundance of children.
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.
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.
The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.
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
- ↑ Kenyan church leaders reject polygamous marriage proposal
- ↑ "Kenya's parliament passes bill allowing polygamy", The Guardian, 22 March 2014.
- ↑ "Kenya's parliament passes bill allowing polygamy", The Guardian, 22 March 2014.
- ↑ "Kenya's parliament passes bill allowing polygamy", The Guardian, 22 March 2014.
- ↑ "Kenya's parliament passes bill allowing polygamy", The Guardian, 22 March 2014.
- ↑ President Kenyatta assents to Marriage and Heroes Bills 29 April 2014/in News, Press, Transformational Leadership /by PSCU Archived 3 May 2014 at archive.today NAIROBI, 29 April 2014 (PSCU).
