Polygamy in Thailand

Last updated

Polygamy in Thailand could be freely practiced before 1 October 1935. Polygamy was recognised under civil law. [1] [2] The old family law assigned wives to three categories in accordance with how they became wives:

Children of these unions were recognised as legitimate.

While polygamy has since been abolished, it is still alive in Thailand and, according to some, widely accepted. [3] The King of Thailand may, for example, still designate "consorts" other than the Queen. [4] Such unions are not recognised under Thai law, which states, "A man or a woman cannot marry each other while one of them has a spouse." [5]

Even after legally recognized polygamy was abolished, double standards relating to marital behaviors continued, both in law and in practice. For example, until 2007, only men could divorce based on adultery; [6] wives had to prove that the husband "supported and honored another woman as his wife." [7] The 2007 legal reforms gave women and men the same legal rights with regard to divorce grounds and were part of a legal overhaul, which also included enacting laws against domestic violence, criminalizing marital rape, and removing other discriminatory legal provisions. Thailand also withdrew its reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which guarantees the rights of women in all matters relating to marriage and family relations. [8]

See also

Related Research Articles

<span class="mw-page-title-main">Marriage</span> Culturally recognised union between people

Marriage, also called matrimony or wedlock, is a culturally and often legally recognised 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. Marriage becomes a social construct to adjudicate the conflicts of interest between consenting individuals and a transactional means to fulfill their needs. 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 sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

<span class="mw-page-title-main">Polygyny</span> Mating system in which the male partner may have multiple partners

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.

<span class="mw-page-title-main">Spouse</span> Partner in a marriage or similar union

A spouse is a significant other in a marriage or without marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social role similar to that of a spouse, but do not have rights and duties reserved by law to a spouse. A male spouse is called a husband while a female spouse is called a wife.

<span class="mw-page-title-main">Wife</span> Female spouse; woman who is married

A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.

<span class="mw-page-title-main">Convention on the Elimination of All Forms of Discrimination Against Women</span> International bill of rights for women

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.

The Algerian Family Code, enacted on June 9, 1984, specifies the laws relating to familial relations in Algeria. It includes strong elements of Islamic law which have brought it praise from Islamists and condemnation from secularists and feminists.

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.

<span class="mw-page-title-main">Husband</span> Male spouse; man who is married

A husband is a man involved in a marital relationship, commonly referred to as a spouse. The specific rights, responsibilities, and societal status attributed to a husband can vary significantly across different cultures and historical periods, reflecting a global perspective on this role.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.

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 legal in Bhutan regarding the consent of future wives. There is no legal recognition granted to polygamous spouses under civil law of Bhutan or customary law. Women in Bhutan may by custom be married to several husbands, however they are allowed only one legal husband. The legal status of married couples among polygamous and polyandrous households impacts the division of property upon divorce and survivorship, as well as general admissibility of the marital relationship in courts.

In 1967, Iran adopted a set of progressive family laws, the Family Protection Act, which granted women family rights; these were expanded in the Family Protection Law of 1975. The act was annulled in 1979 after the Islamic Revolution when Sharia law was re-introduced, but it stands out for having been ahead of its time, particularly in a Muslim-majority country.

The feminist movement has affected change in Western society, including women's suffrage; greater access to education; more equitable pay with men; the right to initiate divorce proceedings; the right of women to make individual decisions regarding pregnancy ; and the right to own property.

<span class="mw-page-title-main">Women in Malaysia</span> Overview of the status of women in Malaysia

Women in Malaysia receive support from the Malaysian government concerning their rights to advance, to make decisions, to health, education and social welfare, and to the removal of legal obstacles. The Malaysian government has ensured these factors through the establishment of Ministry of National Unity and Social Development in 1997. This was followed by the formation of the Women's Affairs Ministry in 2001 to recognise the roles and contributions of Malaysian women.

In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction.

Traditional gender roles in Egypt are prevalent and clearly defined. These roles are largely associated with traditional Islamic family structures, wherein women's roles are closely tied to the domestic sphere and men's roles tied to the public sphere. Gender roles are based on assumed biological differences between the sexes and can lead to dramatically different life experiences as well as opportunities and outcomes for individuals. Consequently, when looking at a number of indicators, women often find themselves disadvantaged relative to men.

Marital rape generally refers to non-consensual sexual intercourse between married spouses. In Singapore, there used to be a partial immunity for marital rape first introduced during British colonial rule because it was deemed not a criminal offence except when the wife is below 13 years of age or when any of the specific circumstances provided under section 375(4) of the Singapore Penal Code are satisfied. Since 1 January 2020, the law was repealed and its immunity lifted under the Criminal Law Reform Act 2019, criminalising marital rape.

Examples of Gender inequality Papua New Guinea includes poverty, violence, limited access to education and health care, and witch hunts. Cases of violence against women in PNG are under reported. There is also a lack of services for women who experience violence. There are reports of sexual abuse by police officers, on arrest and whilst in police custody. These incidents lack documentation or investigation, consequently, perpetrators are rarely prosecuted or punished. The government of Papua New Guinea (PNG) has introduced legislation to combat these issues, though with limited success.

References

  1. Jamnarnwej, Wimolsiri. "Family Law of Thailand; B. Marriage". Thailand Law Forum. Retrieved 22 August 2018.
  2. 1 2 Law of Husband and Wives B.E. 1904
  3. Chintana Yossoonthorn, "Women in Thailand", Proceedings of the Peace Corps Conference on Women and Development, Bangkok, 1979, p. 11.
  4. "Thai king strips consort of titles for 'disloyalty'". BBC News. October 21, 2019.
  5. Civil and Commercial Code, Article 1452[ full citation needed ]
  6. https://www.icj.org/wp-content/uploads/2012/08/ICJ-JPF-Report-Thailand-Womens-Access-to-Justice-English.pdf [ bare URL PDF ]
  7. https://www.un.org/womenwatch/daw/cedaw/cedaw25years/content/english/CONCLUDING_COMMENTS/Thailand/Thailand-CO-4-5.pdf [ bare URL PDF ]
  8. "Thailand withdraws its reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women | Royal Thai Embassy". www.thaiembassy.sg.