Polygamy in Russia

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Polygamous marriages are not recognized in the Russian Federation. The Family Code of Russia states that a marriage can only be contracted between a man and a woman, neither of whom is married to someone else. [1] Furthermore, Russia does not recognize polygamous marriages that had been contracted in other countries. [2] Under Russian law, de facto polygamy or multiple cohabitation in and of itself is not a crime. [3]

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Due to the imbalance between urban educated women and men in predominantly Mongol-inhabited regions of Russia men sometimes may have multiple women as wives one report claims. [4] This sometimes results in households that are openly de facto polygamous.[ citation needed ]

By subject of Russia

Republic of Chechnya

Ramzan Kadyrov, the head of the Republic of Chechnya, is a polygamist. He has three wives and has spoken out in favor of the practice. [5]

Republic of Ingushetia

In July 1999, Ruslan Aushev, at the time the president of Ingushetia, signed a decree allowing men in the republic to marry up to four wives, in accordance with the Islamic tradition. Russia's justice minister immediately criticized the regional decree as unconstitutional since it directly contradicted provisions of a federal law (the Family Code). [6] [7] Aushev's decree was struck down by the courts a year later, by which time over 15 men in Ingushetia had taken advantage of the right to officially register their marriages to multiple women. [8]

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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.

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">Bigamy</span> Act of having two concurrent marriages

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.

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<span class="mw-page-title-main">Ramzan Kadyrov</span> Head of Chechen Republic since 2007

Ramzan Akhmadovich Kadyrov is a Russian politician and current Head of the Chechen Republic. He was formerly affiliated to the Chechen independence movement, through his father who was the separatist-appointed mufti of Chechnya. He is a colonel general in the Russian military.

<span class="mw-page-title-main">Ingushetia</span> Republic in Russia

Ingushetia or Ingushetiya, officially the Republic of Ingushetia, is a republic of Russia located in the North Caucasus of Eurasia. The republic is part of the North Caucasian Federal District, and shares land borders with the country of Georgia to its south; and borders the Russian republics of North Ossetia–Alania to its west and north and Chechnya to its east and northeast.

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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.

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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.

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.

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References

  1. "Family Code of the Russian Federation, Articles 12 & 14" (in Russian). Retrieved 6 August 2012.
  2. "Family Code of the Russian Federation, Article 158" (in Russian). Retrieved 6 August 2012.
  3. Neither bigamy, nor polygamy, nor cohabitation is listed as a crime or offence in the Criminal Code of Russia or the Offences Code of Russia.
  4. Mira Katbamna (26 October 2009). "Half a good man is better than none at all". The Guardian . Retrieved 6 August 2012.
  5. "Chechen Leader Ramzan Kadyrov Has a Second Wife — And Her Properties Are Worth Millions". Organized Crime and Corruption Reporting Project. April 7, 2021. Retrieved July 2, 2023.
  6. "Russia says no to polygamy". BBC. 21 July 1999. Retrieved 6 August 2012.
  7. Многоженство в Ингушетии: президент разрешил, Минюст России против [Polygamy in Ingushetia: permitted by the president, opposed by the Ministry of Justice of Russia] (in Russian). gazeta.ru. 22 July 1999. Retrieved 6 August 2012.
  8. В Ингушетии отменили многоженство [Polygamy cancelled in Ingushetia] (in Russian). Lenta.Ru. 14 July 2000. Retrieved 6 August 2012.