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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.
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.
Marriage law is the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
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. According to some government data polygamy is decreasing day by day in India.
As Yemen is a mostly-Muslim nation, polygamy is lawful. Polygamy is permissible in Islam up to four wives, as long as the husband devotes equal attention to each of them. In 1999, it was estimated that 7% of married women were in polygamous unions. By 2020, the percentage had fallen to 2%. Polygamy in Yemen is significantly less common than it is in the "polygamy belt", a predominantly Muslim area of Western and Central Africa where the practice is most common. Additionally, women living in rural areas or mountainous settings are more likely to contract a polygamous marriage than women living in the coastal region or urban settings of the country. In the same fashion, it was reported that the majority of women living in polygamous unions tended to be less educated than those living in monogamous marriages.
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 in Eswatini is legal but rare due to high bride prices. Eswatini has a dual legal system of common law, based on Roman-Dutch law, and traditional unwritten Swazi law. Polygamous marriages are mostly performed under traditional law but also sometimes under civil marriage.
While polygamous marriages are not legally recognized under the civil marriage laws of Namibia, a bill was successfully passed in 2003, based on the model in South Africa, which recognizes polygamous unions under customary law; affording a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody. It has been estimated that nearly one in seven women in Namibia live in polygamous relationships, which has resulted in large numbers of unmarried men.
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.
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 only to a single person. There is no known limit for the number of wives a Hindu man can take in Bangladesh.
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.
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.
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 a system of marriage in which one man marries more than one woman
The legality of polygamy in the United States is that the practice is a crime and punishable by a fine, imprisonment, or both, according to the law of the individual state and the circumstances of the offense. 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 is legal in Egypt, but not common.
References
- ↑ Kiunguyu, Kylie (2019-06-06). "Guinea gives first wives the legal right to approve a polygamous marriage". This is africa. Retrieved 2022-02-17.
- ↑ "Guinea: Parliament Approves Civil Code That Would Legalize Polygamy". Library of Congress. Retrieved 2022-02-17.
- ↑ "Guinea: Parliament Approves Civil Code That Would Legalize Polygamy". Library of Congress. Retrieved 2022-02-17.
- ↑ "Guinea: Controversy about the new polygamy law | West Africa Gateway | Portail de l'Afrique de l'Ouest". www.west-africa-brief.org. Retrieved 2022-02-17.
- ↑ ""Early Marriage A Harmful Traditional Practice - A Statistical Exploration", UNICEF, 2005, p. 38" (PDF). Archived from the original (PDF) on 2014-08-28. Retrieved 2014-10-23.
- ↑ ""Early Marriage A Harmful Traditional Practice - A Statistical Exploration", UNICEF, 2005, p. 38" (PDF). Archived from the original (PDF) on 2014-08-28. Retrieved 2014-10-23.
- ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.
- ↑ Fenske, James (2013-11-09). "African polygamy: Past and present". VoxEU.org. Retrieved 2022-02-17.
- ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.
- ↑ Kramer, Stephanie. "Polygamy is rare around the world and mostly confined to a few regions". Pew Research Center. Retrieved 2022-02-17.