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Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding.
Polygyny is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
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.
While freedom of religion is de jure symbolically enshrined in the Malaysian Constitution, it de facto faces many prohibitions and restrictions. A Malay in Malaysia must strictly be a Muslim, and they cannot convert to another religion. Islamic religious practices are determined by official Sharia law, and Muslims can be fined by the state for not fasting or refusing to pray. The country does not consider itself a secular state and that Islam is the state religion of the country, and individuals with no religious affiliation are viewed with hostility.
In Islam, nikah is a contract between two people. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. Islamic marital jurisprudence allows Muslim men to be married to multiple women.
Sisters in Islam (SIS) is a Malaysian registered company committed to promoting the rights of women within the frameworks of Islam and universal human rights. Its efforts to promote the rights of Muslim women are based on the principles of equality, justice and freedom enjoined by the Quran. SIS work focuses on challenging laws and policies made in the name of Islam that discriminate against women. As such it tackles issues covered under Malaysia's Islamic family and sharia laws, such as polygamy, child marriage, moral policing, Islamic legal theory and jurisprudence, the hijab and modesty, violence against women and hudud. It is noted for its Islamic feminist research and advocacy.
A husband is a man in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, and have varied over time.
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women. Men can have up to four wives at a time according to the islamic jurisprudence.
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens.
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 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. According to some government data polygamy is decreasing day by day in India.
Polygamy in Pakistan is legally permissible, according to the law of 1961, but restricted to Muslim men, who may have a maximum of four wives at one time. However it is illegal for Hindus as per the Hindu marriage law.
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.
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.
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 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.
Muslim marriage and Islamic wedding customs are traditions and practices that relate to wedding ceremonies and marriage rituals prevailing within the Muslim world. Although Islamic marriage customs and relations vary depending on country of origin and government regulations, both Muslim men and women from around the world are guided by Islamic laws and practices specified in the Quran. Islamic marital jurisprudence allows Muslim men to be married to multiple women.
The Administration of Muslim Law Act is a Singapore statute that pertains to regulation of Muslim religious affairs, establishing the creation of a religious council to offer advice on matters related to the Muslim religion, and the creation of a Syariah Court in Singapore. The act was passed in 1966 and came into force on 1 July 1968.
References
- ↑ All State or Territorial Islamic Law on Legality of Polygamy - Federal Territories (Law of Malaysia Act 303 Section 23) | Selangor (Enactment 2 Section 23) | Negeri Sembilan (Enactment 7 Section 23) | Perak (Enactment 6 Section 23) | Pahang (Enactment 3 Section 23) | Perlis (Enactment 7 Section 23) | Kedah (Enactment 11 Section 23) | Kelantan (Enactment 6 Section 23) | Terengganu (Enactment 12 Section 22) | Johore (Enactment 17 Clause 23) | Penang Island (Enactment 3 Section 23) | Malacca (Enactment 12 Section 23) | Sabah (Enactment 8 Section 23) | Sarawak (Ordinance 43 Section 21) - Law Document Source: Official Portal of E-Syariah Malaysia
- ↑ "Section 23 - Polygamy. Enactment 2 of Islamic Family Law (State of Selangor) 2003". Malaysia Syariah Law Portal. 2 September 2022. Archived from the original on 10 February 2020.
- ↑ Easy Law (2 September 2022). "Law of Malaysia Law Reform (Marriage and Divorced) 1976". EasyLaw.com. Archived from the original on 21 January 2022.
