Legal status of polygamy

  Polygamy is legal
  Legal status unknown
  Polygamy is only legal for Muslims
  Polygamy is illegal, but practice is not criminalised
  Polygamy is illegal and practice criminalised
  • In Eritrea, India, Philippines, Singapore, and Sri Lanka polygamy is only legal for Muslims.
  • In Nigeria and South Africa, polygamous marriages under customary law and for Muslims are legally recognised.
  • In Mauritius, polygamous unions have no legal recognition. Muslim men may, however, "marry" up to four women, but they do not have the legal status of wives.

Polygamy is legal in 57 out of nearly 200 sovereign states, the vast majority of them being Muslim majority countries situated in Africa and Asia. In most of these states, polygyny is allowed and legally sanctioned. Polyandry is illegal in virtually every state in the world. The rest of the sovereign states do not recognize polygamous marriages.

Countries that recognize polygamous marriages

Africa

Asia

Countries that don't recognize polygamous marriages

Africa

America

All countries in the American continent forbid polygamy.

North America

South America

Asia

Europe

Oceania

Note: All countries in Oceania forbid polygamy.

Current legislation

In most countries, a person who marries a person while still being lawfully married to another commits bigamy. In all such cases, the second marriage is considered legally null and void. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which vary between jurisdictions.

The United Kingdom, Australia, and New Zealand permit some benefits for spouses of polygamous marriages performed in other countries. Sweden recognizes polygamic marriages performed abroad,[19][20] see § Europe. In the Canadian province of Saskatchewan, which allows simultaneous, additional marital rights and obligations for already married persons, prior to married persons becoming divorced from their existing spouse.[26]

The vast majority of Muslim majority sovereign states recognize polygamous marriages: these states span from West Africa to Southeast Asia. Exceptions to the legality of polygamy in the Middle East occur in Israel, Turkey and Tunisia.[27] The Palestinian territories — consisting of West Bank and Gaza Strip — permit polygamous unions for Muslim citizens of the territories.[28]

Predominantly Christian nations usually do not allow polygamy, with a handful of exceptions such as the Republic of the Congo, Uganda, and Zambia. Myanmar (formally known as Burma) is also the only predominately Buddhist nation to allow for civil polygamous marriages.[29]

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[30] in various forms as it has since ancient times. It is also found in parts of Nepal,[31] even despite its formal illegality in the country.[32]

Debates of legalizing polygamous marriages continue in Central Asian countries.

International law

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.[33] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities[34] and reports to the General Assembly of the UN have recommended it be outlawed. [35][36] Many Muslim states are not signatories of the International Covenant on Civil and Political Rights (ICCPR), including Saudi Arabia, United Arab Emirates, Qatar, Malaysia, Brunei, Oman, and South Sudan; therefore the UN treaty doesn't apply to these countries.[37] It has been argued by the Department of Justice of Canada that polygyny is a violation of International Human Rights Law.[38]

Europe

United Kingdom: Foreign polygamous marriages grant some welfare benefits only, but this is being phased out with the introduction of Universal Credit.[23] Polygamy is treated as bigamy if a second marriage (or civil partnership) is contracted in the United Kingdom. No legal recognition is extended to spouses of subsequent marriages after the first marriage is recognised even when subsequent marriages are contracted abroad.

North America

Bigamy laws throughout the United States
  Misdemeanor
  Felony
  All forms of cohabitation outlawed (but a federal court has challenged this [39])

United States: Polygamy is illegal in all 50 states.[40]
From about 1847 to 1857, in what is now the state of Utah, many Mormons practiced polygamy, which was widely condemned in the rest of the US. The US federal government threatened The Church of Jesus Christ of Latter-day Saints (LDS Church) and made polygamy illegal through the enforcement of Acts of Congress such as the Morrill Anti-Bigamy Act. The LDS Church formally outlawed the practice in 1890, in a document labeled 'The Manifesto'.[41][42] Small splinter groups from the LDS Church, such as Fundamentalist Church of Jesus Christ of Latter-Day Saints and the Apostolic United Brethren still practice polygamy and awareness has been increased through television dramas such as Big Love and reality shows such as Sister Wives.

Among American Muslims, a small minority of around 50,000 to 100,000 people are estimated to live in families with a husband maintaining an illegal polygamous relationship.[40]

Canada: All forms of polygamy, and some informal multiple sexual relationships, are illegal under section 293 of the Criminal Code.[43] Bigamy is banned by section 290.[44] However, for a long time, the law banning polygamy has not been efficient. As of January 2009, no person had been successfully prosecuted, i.e. convicted, in over sixty years.[42] In 2009, two acquittals on polygamy charges, arising out of the town of Bountiful, British Columbia, prompted the government of British Columbia to pose a reference question to the Supreme Court of British Columbia (i.e., the superior trial court). The reference questions asked if criminalisation of polygamy was consistent with the Canadian Charter of Rights and Freedoms; and, if so, under what circumstances could people be legally punished for polygamy.[45]

In November 2011 the court released its 335 page long decision, which was that the criminal offence of polygamy is indeed constitutional, but that it should not be used to prosecute minors for having taken part of a polygamous marriage.[46] Chief Justice Robert Bauman conceded that there is a conflict between this law and some civil right principles, but stated that there are other and "more important" issues which in this case take precedence. He wrote (as quoted by CBC news[46]):

I have concluded that this case is essentially about harm. More specifically, Parliament's reasoned apprehension of harm arising out of the practice of polygamy. This includes harm to women, to children, to society and to the institution of monogamous marriage.

Bauman argued that there are cases where the "wives" (who may be rather young; sometimes as young as 12 years) are abducted and abused, but because they believe in a faith promoting polygamy, they are not willing to bring complaints to the authorities. He reasons that these offences sometimes may be stopped by applying anti-polygamy legislation.

The decision was welcomed by the Attorney General of British Columbia, and by a representative for the group Stop Polygamy in Canada. Likewise, according to the CBC news,[46] some polyamorous groups in Canada expressed their relief, since Bauman had stated that the law shouldn't apply to them unless they decide to formalize their unions.

Women's rights were central to decision.[46]

See the map and template for more in-depth information.

Status disputed or unclear

Africa

Democratic Republic of the Congo – While the nation has been said to have legally recognized polygamous unions in the past, their current legal recognition is unknown.[47]

Equatorial Guinea

Swaziland: There is no legal recognition yet the practice itself is not disallowed. As of 2010, the king had thirteen spouses.[48]

South America

Brazil – A legally married person or a married couple cohabiting with one or more sexual partner(s) is prohibited by law. Known as bigamy, it is punishable by two to six years of imprisonment,[49] and is valid for every Brazilian citizen, including naturalized ones.

In May 5, 2011 long-term cohabitation between non-married persons, known as união estável ("stable union"), was extended to same-sex couples, recognized as a family entity and granted all 112 rights of married couples – its only legal difference from marriage is that it does not change individual civil status from single to married.

One of such uniões estáveis, in Tupã, São Paulo, was registered as including a man and two women, as reported in August 2012. Doubts were thrown on its legality, as it was unclear whether it is in accordance with Brazilian law.[50] It has not, however, set any precedence, and higher Brazilian courts have not permitted the practice.

A second união estável-bound trio took place in the city of Rio de Janeiro, this time between three women, in October 2015. Unlike in the 2012 case, same-sex marriage in Brazil has been legalized ever since, and the legal situation in Brazil, in respect to the expansion of what is legally considered a family, is reported by the notary herself to be increasingly based on the principles of human dignity, plurality, and legal openness to the continuous development of society and culture, as well as the fact that, in Brazilian civil law, things that are not prohibited by the law can be argued to be allowed. However, doubts were again thrown on the legality of such a union, due to how both the continuous legal and social hegemony of monogamy in Brazil, and its law prohibiting bigamy in marriage, will affect jurisprudence.[51][52]

Notable legislation

The tables below cover recent pieces of legislation that have been either debated, proposed or voted on; all of which concern a form of polygamous union.

To permit polygamy

Country Date Polygamous union Upper House Lower House Head of State Final
outcome
Yes No Yes No
Iraq Iraq 1963 Polygamous civil marriage (revoke of prohibitions)[53] Passed Passed Signed  Yes
United Kingdom United Kingdom 1987 or earlier Foreign marriages may receive benefits payments, being phased out[23]
Malawi Malawi 1994 Customary law (recognizes polygamous unions)[54] Passed Passed Signed  Yes
Libya Libya 1998 Polygamous civil marriage [55] Passed Passed Signed  Yes
South Africa South Africa 1998 Customary marriage (civil recognition)[56] Passed Passed Signed  Yes
Namibia Namibia 2003 Customary law (recognizes polygamous unions)[57] Passed Passed Signed  Yes
Namibia Namibia 2004 Pension benefits to wives of a deceased president[58] - Failed -  No
Uganda Uganda 2005 Polygamous civil marriage (easing of laws; plus restrictions) Passed Passed Signed  Yes
Kyrgyzstan Kyrgyzstan 2007 Polygamous civil marriage[59] Failed - - -  No
Kazakhstan Kazakhstan 2007 Polygamous civil marriage[59] Failed - - -  No
Uzbekistan Uzbekistan 2007 Polygamous civil marriage Failed - - -  No
Tajikistan Tajikistan 2007 Polygamous civil marriage Failed - - -  No
Turkmenistan Turkmenistan 2007 Polygamous civil marriage Failed - - -  No
Kazakhstan Kazakhstan June 2008 Polygamous civil marriage[60] Failed - - -  No
Iran Iran September 2008 Polygamous civil marriage (easing of laws)[61] Failed - - -  No
Namibia Namibia July 2009 Polygamous civil marriage[62] Proposed - - - -
Russia Russia 2009 Polygamous civil marriage Proposed - - - -
Kenya Kenya March 2014 Polygamous civil marriage Passed[2] - - -  Yes

To outlaw polygamy

Country Date Prohibition type Upper House Lower House Head of State Final
outcome
Yes No Yes No
United States 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 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[63] Passed Passed Signed  Yes
Thailand Thailand October 1935 Outlaws polygamy; polygamous marriage[64] Passed Passed Signed  Yes
Vietnam North Vietnam (modern Vietnam) October 1950 Outlaws polygamy Passed Passed Signed  Yes
Syria Syria 1953 Restrictions on polygamous marriage[53] Passed Passed Signed  Yes
India India 1955 Outlaws polygamy and polygamous marriages for Hindus only[65] Passed Passed Signed  Yes
Tunisia Tunisia 1956 Ban on polygamy; polygamous marriages[66] Passed Passed Signed  Yes
Iraq Iraq 1959 Ban on polygamy; polygamous marriage[53] Passed Passed Signed  Revoked
Ivory Coast Côte d'Ivoire 1964 New penal code outlaws polygamy; polygamous marriages (upholds existing) Passed Passed Signed  Yes
Hong Kong British Hong Kong (modern Hong Kong) 1971 Outlaws polygamy[67] Passed Passed Signed  Yes
Eritrean People's Liberation Front (modern Eritrea) 1977 Outlaws polygamy; polygamous marriage (districts under Sharia exempt)[68] Passed Passed Signed  Yes
Egypt Egypt 1979 Restrictions on polygamous marriage; ease of divorce laws[66] Passed; abrogated - - -  No
Egypt Egypt 1985 Restrictions on polygamous marriage (less liberal)[66] Passed Passed Signed  Yes
France France 1993 Outlaws family reunion for polygamist immigrants[69] Passed Passed Signed  Yes
Uganda Uganda December 2003 Outlaws polygamy[70] Failed - -  No
Morocco Morocco 2003 Restrictions on polygamous marriage[66] Passed Passed Signed  Yes
Benin Benin August 2004 New penal code outlaws polygamy; polygamous marriages (upholds existing)[71] Passed Passed Signed  Yes
Morocco Morocco February 2005 Restrictions on polygamous marriage (heavy restrictions)[72] Passed Passed Signed  Yes
Uganda Uganda July 2005 Outlaws polygamy[73] Failed - -  No
Indonesia Indonesia 2007 Bans civil servants from living polygamously[74] Passed Passed Signed  Yes
Morocco Morocco May 2008 Restrictions on polygamous marriage (heavy restrictions) Passed Passed Signed  Yes
Uganda Uganda June 2008 Outlaws polygamy[70] Failed - -  No
Iraqi Kurdistan Iraqi Kurdistan Nov. 2008 Outlaws polygamy except in selective circumstances[75] Passed Passed Signed  Yes
Mayotte Mayotte March 2009 Mahoran status referendum, 2009 (passage outlaws polygamy)[76] Territory-wide Referendum  Yes
Turkey Turkey May 2009 Disallows polygamists from immigrating into the country[77]  Yes
Indonesia Indonesia July 2009 Restrictions on polygamous marriage[78] Pending Pending - -
Namibia Namibia July 2009 Ban on polygamy & polygamous customary marriages Proposed - - - -

See also

Notes

    References

    1. ↑ "African Women's Rights Observatory > Country Specific Information - Gabon".
    2. 1 2 "Kenyan parliament passes polygamy law". Al Jazeera. March 21, 2014.
    3. ↑ Angelique Chrisafis in Paris (March 26, 2009). "Welcome to France: home of sun, sea, sand, polygamy and the Indian Ocean". Guardian. London. Retrieved October 21, 2010.
    4. ↑ "Muslim island must give up polygamy as price of being part of France". Sydney Morning Herald. March 31, 2009. Retrieved October 21, 2010.
    5. ↑ Marriage Law of the People's Republic of China
    6. ↑ http://www.lawcommission.gov.np/site/en/content/muluki-ain-general-code-2020
    7. ↑ Osborn, Andrew (2006-01-14). "War-ravaged Chechnya needs polygamy, says its leader". The Independent. London. Archived from the original on 2006-01-17.
    8. ↑ 民法－結婚要件之研析
    9. ↑ "Polygamy Fosters Culture Clashes (and Regrets) in Turkey", New York Times, 10 July 2006
    10. ↑ ""Turkey Between Secularism and Islamism" by Jacob M. Landau".
    11. ↑ "Turkey's secularism 'threatened'", BBC
    12. ↑ Alev Çinar, "Modernity, Islam, and Secularism in Turkey"
    13. ↑ "Polygamy in Turkey", Polygamy 411, May 2009
    14. ↑ "Bulgarian Penal Code, art. 179". Retrieved 8 April 2016.
    15. ↑ http://www.finlex.fi/en/laki/kaannokset/1929/en19290234.pdf
    16. ↑ http://www.finlex.fi/fi/esitykset/he/2001/20010044
    17. ↑ "§172 StGB".
    18. ↑ "Romanian Penal Code, art. 376". Retrieved 5 February 2015.
    19. 1 2 3 Svenska Dagbladet: Månggifte godkänns – ibland (accessed January 15, 2016)
    20. 1 2 3 Aftonbladet: Jodå – månggifte ÄR tillåtet i Sverige (accessed January 15, 2016)
    21. ↑ http://www.exponerat.net/tillatet-for-man-att-ha-flera-fruar/" (accessed January 16, 2015)
    22. ↑ http://www.rwi.uzh.ch/oe/cimels/Eheschliessungen_im_Ausland.pdf
    23. 1 2 3 "House of Commons Library Briefing Note: Polygamy" (PDF). House of Commons Library. October 12, 2011.
    24. ↑ http://www.lawlink.nsw.gov.au/lrc.nsf/pages/ip26chp09
    25. ↑ http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s6.html
    26. ↑ "The Problem of "relationship overlap" in Saskatchewan". 5 January 2011.
    27. ↑ "Tunisia: Notable Features: Polygamy". Law.emory.edu. Retrieved October 21, 2010.
    28. ↑ "Palestinian Marriage Laws". Law.emory.edu. Retrieved October 21, 2010.
    29. ↑ "Myanmar: Family Code". Genderindex.org. Retrieved October 21, 2010.
    30. ↑ French, Patrick (March 1, 2008). "Bhutan: Last wonder". The Daily Telegraph. London. Retrieved October 21, 2010.
    31. ↑ Grabianowski, Ed. "How Polygamy Works". People.howstuffworks.com. Retrieved October 21, 2010.
    32. ↑ "Multiple Damage of Polygamy by Saktida". Boloji.com. October 31, 2004. Retrieved October 21, 2010.
    33. ↑ "Equality of Rights Between Men and Women". University of Minnesota Human Rights Library.
    34. ↑ "OHCHR report" (PDF). Office of the High Commissioner for Human Rights.
    35. ↑ "Report of the Human Rights Committee" (PDF). United Nations General Assembly.
    36. ↑ "GENERAL COMMENTS ADOPTED BY THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 40, PARAGRAPH 4, OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS". United Nations Human Rights Website. Archived from the original on 30 June 2013.
    37. ↑ "United Nations Treaty Collection".
    38. ↑ "POLYGYNY AS A VIOLATION OF INTERNATIONAL HUMAN RIGHTS LAW". Department of Justice, Government of Canada.
    39. ↑ "Utah Polygamy Law Partially Struck Down By Federal Judge Following 'Sister Wives' Lawsuit". 28 August 2014.
    40. 1 2 Barbara Bradley Hagerty (May 27, 2008). "Some Muslims in U.S. Quietly Engage in Polygamy". National Public Radio: All Things Considered. Retrieved July 23, 2009.
    41. ↑ Lyman, Edward Leo (1994), "Statehood for Utah", in Powell, Allan Kent, Utah History Encyclopedia, Salt Lake City, Utah: University of Utah Press, ISBN 0874804256, OCLC 30473917
    42. 1 2 Lak, Daniel (January 21, 2009). "Polygamy in Canada". CBC News. Retrieved July 23, 2009.
    43. ↑ Criminal Code, RSC 1985, c C-46, s 293.
    44. ↑ Criminal Code, RSC 1985, c C-46, s 290.
    45. ↑ "Crown wants polygamy testimony off internet". CBC News. November 26, 2010.
    46. 1 2 3 4 "Canada's polygamy laws upheld by B.C. Supreme Court". CBC news. November 23, 2011.
    47. ↑ DRC Women's Rights: Polygamy
    48. ↑ United Nations High Commissioner for Refugees. "Swaziland: Laws and customs regarding polygamy in Swaziland". Unhcr.org. Retrieved October 21, 2010.
    49. ↑ "DEL2848compilado".
    50. ↑ "Three-person civil union sparks controversy in Brazil". BBC.
    51. ↑ "Rio registra primeira união entre 3 mulheres" [Rio registers its first 3 women union] (in Portuguese). Jornal do Commercio. 17 October 2015. Retrieved 18 October 2015.
    52. ↑ "Rio registra primeira união estável realizada entre três mulheres" [Rio registers the first união estável realized by three women] (in Portuguese). O Estado de S. Paulo. 18 October 2015. Retrieved 18 October 2015.
    53. 1 2 3 "Restricting or banning polygamy, human rights values must stand". The Jakarta Post. Retrieved October 1, 2010.
    54. ↑ http://siteresources.worldbank.org/EXTAFRREGTOPGENDER/Resources/MalawiSCGA.pdf
    55. ↑ "Middle East | Gadaffi outrage over polygamy bill". BBC News. February 25, 1999. Retrieved October 1, 2010.
    56. ↑ "Customary marriages now legal". News24. SAPA. November 15, 2000. Retrieved June 23, 2013.
    57. ↑ "Microsoft Word – news03.2-customary marriage.doc" (PDF). Retrieved October 1, 2010.
    58. ↑ http://www.lac.org.na/news/inthenews/pdf/poligamy.pdf
    59. 1 2 Pannier, Bruce (March 9, 2007). "Kyrgyzstan: Debate On Legalized Polygamy Continues – Radio Free Europe / Radio Liberty © 2010". Rferl.org. Retrieved October 1, 2010.
    60. ↑ United Nations High Commissioner for Refugees (May 28, 2008). "Refworld | Central Asia: Kazakhstan debates polygamy amid regional rise in popularity". UNHCR. Retrieved October 1, 2010.
    61. ↑ Sykes, Hugh (September 2, 2008). "Middle East | Iran rejects easing polygamy law". BBC News. Retrieved October 1, 2010.
    62. ↑ Archived 23 July 2011 at the Wayback Machine.
    63. ↑ United Nations High Commissioner for Refugees. "Refworld | Kyrgyzstan. Political Conditions in the Post-Soviet Era". UNHCR. Retrieved October 1, 2010.
    64. ↑ "Thailand Law Forum: Family Law of Thailand". Thailawforum.com. October 1, 1935. Retrieved October 1, 2010.
    65. ↑ V.Jayaram (January 9, 2007). "Hinduism and Polygamy". Hinduwebsite.com. Retrieved October 1, 2010.
    66. 1 2 3 4 "Women: Polygamy and Family Law – Valentina M. Donini | Reset Dialogues on Civilizations". Resetdoc.org. Retrieved October 1, 2010.
    67. ↑ "The International Encyclopedia of Sexuality: Hong Kong". .hu-berlin.de. June 30, 1997. Retrieved October 1, 2010.
    68. ↑ http://www.omct.org/pdf/VAW/Publications/2003/Eng_2003_05_Eritrea.pdf
    69. ↑ Pennink, Adrian (April 1, 2001). "Thousands of families in despair as France enforces ban on polygamy – Europe, World". The Independent. London. Retrieved October 1, 2010.
    70. 1 2 United Nations High Commissioner for Refugees. "Refworld | Uganda: Domestic violence, including legislation, statistics and attitudes toward domestic violence; the availability of protection and support services". UNHCR. Retrieved October 1, 2010.
    71. ↑ United Nations High Commissioner for Refugees. "Refworld | Consideration of reports submitted by States parties under articles 16 and 17 of the Covenant : concluding observations of the Committee on Economic, Social and Cultural Rights : Benin". UNHCR. Retrieved October 1, 2010.
    72. ↑ United Nations High Commissioner for Refugees. "Refworld | Amnesty International Report 2005 – Morocco/Western Sahara". UNHCR. Retrieved October 1, 2010.
    73. ↑ United Nations High Commissioner for Refugees (July 17, 2005). "Refworld | Violence Against Women in Northern Uganda". UNHCR. Retrieved October 1, 2010.
    74. ↑ "People's Daily Online – Planned polygamy ban stirs debate in Indonesia". English.peopledaily.com.cn. December 6, 2006. Retrieved October 1, 2010.
    75. ↑ "Polygamy Law Irks Iraq Kurds - ارشيف اسلام اونلاين".
    76. ↑ Angelique Chrisafis in Paris (March 26, 2009). "Tiny island of the Indian Ocean keen to embrace French rule – 34 years after gaining independence | World news". The Guardian. London. Retrieved October 1, 2010.
    77. ↑ Polygamy 411 archived at
    78. ↑ "Indonesia Tightens Polygamy Rules - ارشيف اسلام اونلاين".
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