This article includes a list of general
references, but it lacks sufficient corresponding
inline citations. (April 2022) |
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.
In countries that ban polygamy, the offence is commonly called bigamy, though the penalty varies between jurisdictions. In some countries where polygamy is illegal, the prohibition is not enforced.
Note: These countries are included separately because they have specific legislation aimed only at Muslims.
Polygamy is more widespread in Africa than in any other continent, being most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria. [69] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). [70] Polygamous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.
As in Africa, polygamy continues to be practiced in parts of Asia, regardless of laws.
In most countries, a person who marries a person while still being lawfully married to another commits bigamy, a criminal offence, though penalties vary between jurisdictions. Besides, the second and subsequent marriages are considered legally null and void.
The United Kingdom, Australia, and New Zealand permit some benefits for spouses of polygamous marriages performed abroad. In the past, Sweden used to recognize polygamous marriages performed abroad; but since 2021, Sweden no longer recognizes such marriages, save in exceptional circumstances. [137] In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis; [143] see § Europe.
In Canada, both bigamy (article 290 of the Criminal code of Canada) [144]) and de facto polygamy (article 293 of the Criminal Code) [145] are illegal, but there are provisions in the property law of at least the Canadian province of Saskatchewan that consider the possibility of de facto multiple marriage-like situations (e.g. if an already married person enters into a second common-law relationship situation without first obtaining a legal divorce from their existing spouse). [146][ better source needed]
The vast majority of sovereign states with a Muslim-majority population recognize polygamous marriages: these states span from the West Africa to Southeast Asia, with the exceptions of Turkey, Tunisia, Albania, Kosovo and Central Asian countries. [147] [148] [149] [150]
Predominantly Christian nations usually do not allow polygamy, with a handful of exceptions such as the Republic of the Congo, Uganda, and Zambia.
Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law. All the northern states in Nigeria governed by Islamic Sharia law recognize polygamous marriages. The autonomous regions of Somaliland and Puntland in northern Somalia also recognize polygamy, as does the country's Transitional Federal Government itself, since the country is governed by Sharia law. The recently independent country of Southern Sudan also recognizes polygamy.
Polyandry is de facto the norm in rural areas of Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan [38] in various forms as it has since ancient times. It is also found in parts of Nepal, [151] despite its formal illegality in the country. [152]
Debates of legalizing polygamous marriages continue in Central Asian countries.[ citation needed]
In 2000, the United Nations Human Rights Committee reported that polygamy violates the International Covenant on Civil and Political Rights (ICCPR), citing concerns that the lack of "equality of treatment with regard to the right to marry" meant that polygamy, restricted to polygyny in practice, violates the dignity of women and should be outlawed. [153] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities [154] and reports to the General Assembly of the UN have recommended it be outlawed. [155] [156]
Some countries where polygamy is legal are not signatories of ICCPR, including Saudi Arabia, United Arab Emirates, Qatar, Oman, Malaysia, Brunei and South Sudan; so that ICCPR does not apply to these countries. [157] It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law. [158]
The tables below cover recent pieces of legislation that have been either debated, proposed or voted on; all of which concerns a form of polygamous union.
Country | Date | Polygamous union | Upper House | Lower House | Head of State | Final outcome | ||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
Iraq | 1963 | Polygamous civil marriage (revoke of prohibitions) [159] | Passed | Passed | Signed | Yes | ||
Philippines | February 1977 | Polygamous civil marriage (Muslims only) [160] | - | - | Signed | Yes | ||
United Kingdom | 1987 or earlier | Foreign marriages may receive benefits payments, being phased out [139] | ||||||
Malawi | 1994 | Customary law (recognizes polygamous unions) [161] | Passed | Passed | Signed | Yes | ||
Libya | 1998 | Polygamous civil marriage [162] | Passed | Passed | Signed | Yes | ||
South Africa | 1998 | Customary marriage (civil recognition) [163] | Passed | Passed | Signed | Yes | ||
Namibia | 2003 | Customary law (recognizes polygamous unions) [164] | Passed | Passed | Signed | Yes | ||
Namibia | 2004 | Pension benefits to wives of a deceased president [165] | - | Failed | - | No | ||
Uganda | 2005 | Polygamous civil marriage (easing of laws; plus restrictions) | Passed | Passed | Signed | Yes | ||
Kyrgyzstan | 2007 | Polygamous civil marriage [166] | Failed | - | - | - | No | |
Kazakhstan | 2007 | Polygamous civil marriage [166] | Failed | - | - | - | No | |
Uzbekistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Tajikistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Turkmenistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Kazakhstan | June 2008 | Polygamous civil marriage [167] | Failed | - | - | - | No | |
Iran | September 2008 | Polygamous civil marriage (easing of laws) [168] | Failed | - | - | - | No | |
Namibia | July 2009 | Polygamous civil marriage [169] | Proposed | - | - | - | - | |
Russia | 2009 | Polygamous civil marriage | Proposed | - | - | - | - | |
Kenya | March 2014 | Polygamous civil marriage | Passed [16] | - | - | - | Yes |
Country | Date | Prohibition type | Upper House | Lower House | Head of State | Final outcome | ||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
United States | July 1862 | Morrill Anti-Bigamy Act, which made polygamy a misdemeanor offense in US territories and other areas where the federal government has exclusive jurisdiction. | ' | ' | Signed | Yes | ||
United States | March 1882 | Edmunds Act, which reinforced Morrill by making polygamy a felony in the jurisdictions covered by Morrill; also prohibited "bigamous" or " unlawful cohabitation" as a misdemeanor offense, which removed the need to prove that actual marriages had occurred in order to obtain convictions on polygamy related charges. | Passed | Passed | Signed | Yes | ||
Turkestan ASSR (modern Kyrgyzstan) | October 1921 | Outlaws polygamy [170] | Passed | Passed | Signed | Yes | ||
Thailand | October 1935 | Outlaws polygamy; polygamous marriage [171] | Passed | Passed | Signed | Yes | ||
North Vietnam (modern Vietnam) | October 1950 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Syria | 1953 | Restrictions on polygamous marriage [159] | Passed | Passed | Signed | Yes | ||
India | 1955 | Outlaws Polygamy (Polygamy for Muslims was outlawed after a verdict by the Supreme Court of India in 2015) [172] | Passed | Passed | Signed | Yes | ||
Tunisia | 1956 | Ban on polygamy; polygamous marriages [173] | Passed | Passed | Signed | Yes | ||
Iraq | 1959 | Ban on polygamy; polygamous marriage [159] | Passed | Passed | Signed | Revoked | ||
Côte d'Ivoire | 1964 | New penal code outlaws polygamy; polygamous marriages (upholds existing) | Passed | Passed | Signed | Yes | ||
British Hong Kong (modern Hong Kong) | 1971 | Outlaws polygamy [174] | Passed | Passed | Signed | Yes | ||
Eritrean People's Liberation Front (modern Eritrea) | 1977 | Outlaws polygamy; polygamous marriage (districts under Sharia exempt) [175] | Passed | Passed | Signed | Yes | ||
Egypt | 1979 | Restrictions on polygamous marriage; ease of divorce laws [173] | Passed; abrogated | - | - | - | No | |
Egypt | 1985 | Restrictions on polygamous marriage (less liberal) [173] | Passed | Passed | Signed | Yes | ||
France | 1993 | Outlaws family reunion for polygamist immigrants [176] | Passed | Passed | Signed | Yes | ||
Uganda | December 2003 | Outlaws polygamy [177] | Failed | - | - | No | ||
Morocco | 2003 | Restrictions on polygamous marriage [173] | Passed | Passed | Signed | Yes | ||
Benin | August 2004 | New penal code outlaws polygamy; polygamous marriages (upholds existing) [178] | Passed | Passed | Signed | Yes | ||
Morocco | February 2005 | Restrictions on polygamous marriage (heavy restrictions) [179] | Passed | Passed | Signed | Yes | ||
Uganda | July 2005 | Outlaws polygamy [180] | Failed | - | - | No | ||
Indonesia | 2007 | Bans civil servants from living polygamously [181] | Passed | Passed | Signed | Yes | ||
Morocco | May 2008 | Restrictions on polygamous marriage (heavy restrictions)[ citation needed] | Passed | Passed | Signed | Yes | ||
Uganda | June 2008 | Outlaws polygamy [177] | Failed | - | - | No | ||
Iraqi Kurdistan | Nov. 2008 | Outlaws polygamy except in selective circumstances [182] | Passed | Passed | Signed | Yes | ||
Mayotte | March 2009 | 2009 Mahoran status referendum (passage outlaws polygamy) [183] | Territory-wide referendum | Yes | ||||
Turkey | May 2009 | Disallows polygamists from immigrating into the country [184][ failed verification] | Yes | |||||
Indonesia | July 2009 | Restrictions on polygamous marriage [185] | Pending | Pending | - | - | ||
Namibia | July 2009 | Ban on polygamy and polygamous customary marriages | Proposed | - | - | - | - |
{{
cite journal}}
: CS1 maint: bot: original URL status unknown (
link)
The practice of polygamy is legal in the Central African Republic but faces growing resistance among educated women
We all know male polygamy is legal.
[Polygamy] legally becomes theoretically almost impossible if not completely impossible.
Polygamy is commonly practiced in many African societies, including South Sudan.
Although Angolan law condemns polygamy, or multiple marriages, the practice is widespread in a country with a large share of female-headed households and where woman are often left alone to care for their children.
{{
cite web}}
: CS1 maint: archived copy as title (
link)
Although polygamy is prohibited in Mozambique there is no punishment. Across the country nearly a third of married women are thought to be in polygamous marriages, according to a NORAD survey.
The modern constitution forbids polygamy; some say it is commonly practiced more often when family economics permit.
The State does not recognise church decrees of annulment. In effect, all marriages celebrated after a church decree of annulment are bigamous and priests celebrating these marriages are accessories before the fact to bigamy and liable to criminal prosecution. ... we have turned a blind eye to the celebration of bigamous marriages and abandoned couples who celebrate them to a legal limbo for so many years.
{{
cite journal}}
: Cite journal requires |journal=
(
help)
{{
cite web}}
: CS1 maint: archived copy as title (
link)
{{
cite web}}
: CS1 maint: archived copy as title (
link)
This article includes a list of general
references, but it lacks sufficient corresponding
inline citations. (April 2022) |
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.
In countries that ban polygamy, the offence is commonly called bigamy, though the penalty varies between jurisdictions. In some countries where polygamy is illegal, the prohibition is not enforced.
Note: These countries are included separately because they have specific legislation aimed only at Muslims.
Polygamy is more widespread in Africa than in any other continent, being most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria. [69] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019). [70] Polygamous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.
As in Africa, polygamy continues to be practiced in parts of Asia, regardless of laws.
In most countries, a person who marries a person while still being lawfully married to another commits bigamy, a criminal offence, though penalties vary between jurisdictions. Besides, the second and subsequent marriages are considered legally null and void.
The United Kingdom, Australia, and New Zealand permit some benefits for spouses of polygamous marriages performed abroad. In the past, Sweden used to recognize polygamous marriages performed abroad; but since 2021, Sweden no longer recognizes such marriages, save in exceptional circumstances. [137] In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis; [143] see § Europe.
In Canada, both bigamy (article 290 of the Criminal code of Canada) [144]) and de facto polygamy (article 293 of the Criminal Code) [145] are illegal, but there are provisions in the property law of at least the Canadian province of Saskatchewan that consider the possibility of de facto multiple marriage-like situations (e.g. if an already married person enters into a second common-law relationship situation without first obtaining a legal divorce from their existing spouse). [146][ better source needed]
The vast majority of sovereign states with a Muslim-majority population recognize polygamous marriages: these states span from the West Africa to Southeast Asia, with the exceptions of Turkey, Tunisia, Albania, Kosovo and Central Asian countries. [147] [148] [149] [150]
Predominantly Christian nations usually do not allow polygamy, with a handful of exceptions such as the Republic of the Congo, Uganda, and Zambia.
Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law. All the northern states in Nigeria governed by Islamic Sharia law recognize polygamous marriages. The autonomous regions of Somaliland and Puntland in northern Somalia also recognize polygamy, as does the country's Transitional Federal Government itself, since the country is governed by Sharia law. The recently independent country of Southern Sudan also recognizes polygamy.
Polyandry is de facto the norm in rural areas of Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan [38] in various forms as it has since ancient times. It is also found in parts of Nepal, [151] despite its formal illegality in the country. [152]
Debates of legalizing polygamous marriages continue in Central Asian countries.[ citation needed]
In 2000, the United Nations Human Rights Committee reported that polygamy violates the International Covenant on Civil and Political Rights (ICCPR), citing concerns that the lack of "equality of treatment with regard to the right to marry" meant that polygamy, restricted to polygyny in practice, violates the dignity of women and should be outlawed. [153] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities [154] and reports to the General Assembly of the UN have recommended it be outlawed. [155] [156]
Some countries where polygamy is legal are not signatories of ICCPR, including Saudi Arabia, United Arab Emirates, Qatar, Oman, Malaysia, Brunei and South Sudan; so that ICCPR does not apply to these countries. [157] It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law. [158]
The tables below cover recent pieces of legislation that have been either debated, proposed or voted on; all of which concerns a form of polygamous union.
Country | Date | Polygamous union | Upper House | Lower House | Head of State | Final outcome | ||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
Iraq | 1963 | Polygamous civil marriage (revoke of prohibitions) [159] | Passed | Passed | Signed | Yes | ||
Philippines | February 1977 | Polygamous civil marriage (Muslims only) [160] | - | - | Signed | Yes | ||
United Kingdom | 1987 or earlier | Foreign marriages may receive benefits payments, being phased out [139] | ||||||
Malawi | 1994 | Customary law (recognizes polygamous unions) [161] | Passed | Passed | Signed | Yes | ||
Libya | 1998 | Polygamous civil marriage [162] | Passed | Passed | Signed | Yes | ||
South Africa | 1998 | Customary marriage (civil recognition) [163] | Passed | Passed | Signed | Yes | ||
Namibia | 2003 | Customary law (recognizes polygamous unions) [164] | Passed | Passed | Signed | Yes | ||
Namibia | 2004 | Pension benefits to wives of a deceased president [165] | - | Failed | - | No | ||
Uganda | 2005 | Polygamous civil marriage (easing of laws; plus restrictions) | Passed | Passed | Signed | Yes | ||
Kyrgyzstan | 2007 | Polygamous civil marriage [166] | Failed | - | - | - | No | |
Kazakhstan | 2007 | Polygamous civil marriage [166] | Failed | - | - | - | No | |
Uzbekistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Tajikistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Turkmenistan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Kazakhstan | June 2008 | Polygamous civil marriage [167] | Failed | - | - | - | No | |
Iran | September 2008 | Polygamous civil marriage (easing of laws) [168] | Failed | - | - | - | No | |
Namibia | July 2009 | Polygamous civil marriage [169] | Proposed | - | - | - | - | |
Russia | 2009 | Polygamous civil marriage | Proposed | - | - | - | - | |
Kenya | March 2014 | Polygamous civil marriage | Passed [16] | - | - | - | Yes |
Country | Date | Prohibition type | Upper House | Lower House | Head of State | Final outcome | ||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
United States | July 1862 | Morrill Anti-Bigamy Act, which made polygamy a misdemeanor offense in US territories and other areas where the federal government has exclusive jurisdiction. | ' | ' | Signed | Yes | ||
United States | March 1882 | Edmunds Act, which reinforced Morrill by making polygamy a felony in the jurisdictions covered by Morrill; also prohibited "bigamous" or " unlawful cohabitation" as a misdemeanor offense, which removed the need to prove that actual marriages had occurred in order to obtain convictions on polygamy related charges. | Passed | Passed | Signed | Yes | ||
Turkestan ASSR (modern Kyrgyzstan) | October 1921 | Outlaws polygamy [170] | Passed | Passed | Signed | Yes | ||
Thailand | October 1935 | Outlaws polygamy; polygamous marriage [171] | Passed | Passed | Signed | Yes | ||
North Vietnam (modern Vietnam) | October 1950 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Syria | 1953 | Restrictions on polygamous marriage [159] | Passed | Passed | Signed | Yes | ||
India | 1955 | Outlaws Polygamy (Polygamy for Muslims was outlawed after a verdict by the Supreme Court of India in 2015) [172] | Passed | Passed | Signed | Yes | ||
Tunisia | 1956 | Ban on polygamy; polygamous marriages [173] | Passed | Passed | Signed | Yes | ||
Iraq | 1959 | Ban on polygamy; polygamous marriage [159] | Passed | Passed | Signed | Revoked | ||
Côte d'Ivoire | 1964 | New penal code outlaws polygamy; polygamous marriages (upholds existing) | Passed | Passed | Signed | Yes | ||
British Hong Kong (modern Hong Kong) | 1971 | Outlaws polygamy [174] | Passed | Passed | Signed | Yes | ||
Eritrean People's Liberation Front (modern Eritrea) | 1977 | Outlaws polygamy; polygamous marriage (districts under Sharia exempt) [175] | Passed | Passed | Signed | Yes | ||
Egypt | 1979 | Restrictions on polygamous marriage; ease of divorce laws [173] | Passed; abrogated | - | - | - | No | |
Egypt | 1985 | Restrictions on polygamous marriage (less liberal) [173] | Passed | Passed | Signed | Yes | ||
France | 1993 | Outlaws family reunion for polygamist immigrants [176] | Passed | Passed | Signed | Yes | ||
Uganda | December 2003 | Outlaws polygamy [177] | Failed | - | - | No | ||
Morocco | 2003 | Restrictions on polygamous marriage [173] | Passed | Passed | Signed | Yes | ||
Benin | August 2004 | New penal code outlaws polygamy; polygamous marriages (upholds existing) [178] | Passed | Passed | Signed | Yes | ||
Morocco | February 2005 | Restrictions on polygamous marriage (heavy restrictions) [179] | Passed | Passed | Signed | Yes | ||
Uganda | July 2005 | Outlaws polygamy [180] | Failed | - | - | No | ||
Indonesia | 2007 | Bans civil servants from living polygamously [181] | Passed | Passed | Signed | Yes | ||
Morocco | May 2008 | Restrictions on polygamous marriage (heavy restrictions)[ citation needed] | Passed | Passed | Signed | Yes | ||
Uganda | June 2008 | Outlaws polygamy [177] | Failed | - | - | No | ||
Iraqi Kurdistan | Nov. 2008 | Outlaws polygamy except in selective circumstances [182] | Passed | Passed | Signed | Yes | ||
Mayotte | March 2009 | 2009 Mahoran status referendum (passage outlaws polygamy) [183] | Territory-wide referendum | Yes | ||||
Turkey | May 2009 | Disallows polygamists from immigrating into the country [184][ failed verification] | Yes | |||||
Indonesia | July 2009 | Restrictions on polygamous marriage [185] | Pending | Pending | - | - | ||
Namibia | July 2009 | Ban on polygamy and polygamous customary marriages | Proposed | - | - | - | - |
{{
cite journal}}
: CS1 maint: bot: original URL status unknown (
link)
The practice of polygamy is legal in the Central African Republic but faces growing resistance among educated women
We all know male polygamy is legal.
[Polygamy] legally becomes theoretically almost impossible if not completely impossible.
Polygamy is commonly practiced in many African societies, including South Sudan.
Although Angolan law condemns polygamy, or multiple marriages, the practice is widespread in a country with a large share of female-headed households and where woman are often left alone to care for their children.
{{
cite web}}
: CS1 maint: archived copy as title (
link)
Although polygamy is prohibited in Mozambique there is no punishment. Across the country nearly a third of married women are thought to be in polygamous marriages, according to a NORAD survey.
The modern constitution forbids polygamy; some say it is commonly practiced more often when family economics permit.
The State does not recognise church decrees of annulment. In effect, all marriages celebrated after a church decree of annulment are bigamous and priests celebrating these marriages are accessories before the fact to bigamy and liable to criminal prosecution. ... we have turned a blind eye to the celebration of bigamous marriages and abandoned couples who celebrate them to a legal limbo for so many years.
{{
cite journal}}
: Cite journal requires |journal=
(
help)
{{
cite web}}
: CS1 maint: archived copy as title (
link)
{{
cite web}}
: CS1 maint: archived copy as title (
link)