Legal status of polygamy
Encyclopedia
The legal status of polygamy varies from country to country.
There are many countries which do not permit polygamy
, and a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy
. In all cases, the second marriage is considered legally null and void, and consent from a prior spouse makes no difference to the validity of the second marriage. In countries which outlaw polygamy some people may resort to common-law marriage
s. Almost all western countries
prohibit polygamy, but several recognize polygamous marriages entered into in countries that permit them. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.
Where it is permitted, polygamy exists in three forms: polygyny
- where the family unit consists of one man and multiple wives; polyandry
- where the family unit consists of one woman and multiple husbands; or group marriage
- where the family unit consists of multiple husbands and multiple wives. Historically, all three practices have existed, but polygyny is by far the most common. Confusion arises when the broad term "polygamy" is used when a specific form of polygamy is being referred to, and most references to polygamy in practice is to polygyny. Most countries that permit polygamy permit only polygyny.
In no country is polygamy ever required, but is only permitted and recognized. Where it is permitted, it is openly and frequently practiced, sometimes even encouraged.
and African countries. In that region, Israel, Turkey and Tunisia
are the notable exceptions. Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law, though in the eyes of the government, they are not considered to be genuine marriages. The single exception in North American region is the province of Saskatchewan Canada. There, the family law courts provide legal protection for polygamy or polyandry. In essence, that Canadian province authorizes simultaneous additional marital rights and obligations for already married persons, prior to married persons becoming divorced from existing spouses. All northern states
in Nigeria recognize polygamous marriages, as these states are governed by Sharia law. Districts in Eritrea that operate under Sharia also recognize polygamous marriages, while the federal government does not. Polygamy
tends to be the least-frequently practiced in secular Arab states, such as Lebanon, which still allows for such unions (though it should be noted that, unlike other Arab states, almost half of the Lebanese population is non-Muslim and has no tradition of polygamy).
The United Kingdom and Australia recognize polygamous unions performed in other countries that permit them. In other similar circumstances, India and Sri Lanka, on the other hand, allow only their Islamic citizens to legally join in polygamous marriages. Many Indians have converted to Islam
in order to bypass such legal restrictions. Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia
. Myanmar (frequently referred to as Burma) is also the only predominately Buddhist nation to allow for civil polygamous marriages, though such is rarely tolerated by the Burmese population.
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 autonomous region of Southern Sudan also recognizes polygamy. The Palestinian territories
— consisting of West Bank
and Gaza Strip
— permit polygamous unions for Muslim
citizens of the territories. The practice continues in Bhutan in various forms as it has since ancient times. It is also found in parts of Nepal, even despite its formal illegality in the country.
Debates of legalizing polygamous marriages continue in Kenya
, Namibia
, and many Central Asian countries.
: The practice is illegal in all 50 states.
Over a century ago, citizens of the self-governing territory of what is present-day Utah
were forced by the United States federal government to abandon the practice of polygamy
through the vigorous enforcement of several Acts of Congress. They eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto
'. Among American Muslims, a small minority of around 50,000 to 100,000 people are currently in illegal polygamous relationships.
Canada: It is illegal by Section 293 of the Criminal Code of Canada
. Bigamy
is banned by Section 290. However, the law banning polygamy is not enforced by the government. As of January 2009, no person has been prosecuted in over sixty years. A reference case is currently under way in the Supreme Court of British Columbia challenging the constitutionality of this law.
Mayotte
: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture
. However, pre-existing Muslim marriages are currently still valid in.
Benin
: Located in the Gulf of Guinea
, Benin recognized polygamous marriages up until 2004 when they were constitutionally outlawed. However, pre-existing marriages are currently still valid in Benin.
Côte d'Ivoire: Akin to the situation in Benin, polygamy and such marriages were outlawed, though previous marriages are still recognized.
Nigeria
: Recognized in all northern states, federal law recognizes polygamous unions under customary law.
Ghana
: Illegal.
Gabon: Both men and women can join in polygamous unions with the other gender under Gabonese law, although in practice only men do.
: Permitted for all Muslim men.
Malaysia: Permitted for all Muslim men with consent from the first wife. However a sizable amount of Muslim men have married second (or even third and fourth) wives secretly without the knowledge of their first wife, by having it consecrated in Southern Thailand (which also has a sizable Muslim population).
Indonesia
: Legal, though heavily restricted.
Afghanistan
: Legal, frequently practiced.
Mongolia
: Possible legislation of polygamy has been debated in hopes that it would even out Mongolia's male and female population. However, there has been no formal debate in the government, rather within the public.
Iran: Legal with consent from the first wife, rarely practiced.
: Civil marriage registry illegal, still there are no laws against a person living with more than one partner/spouse. Stricter immigration laws have been enforced due to various polygamous-related hassles with immigrants from Mali
and other African nations that permit polygamy.
Poland: Illegal, punishable with prison time.
Germany: Illegal, punishable with fine or prison time up to three years.
United Kingdom
: Illegal, foreign polygamous marriages grant some welfare benefits only. Polygamy is treated as bigamy if a second marriage 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.
- The legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise. A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007."
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.
Swaziland
- While some have thought that current laws could be interpreted to allow for legally-recognized polygamous unions, there is no legal recognition, still there are no laws against a man living with more than one woman, so the practice itself is not disallowed and even the king has thirteen spouses in 2010.
There are many countries which do not permit polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
, and a person who marries in one of those countries a person while still being lawfully married to another commits the crime of bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
. In all cases, the second marriage is considered legally null and void, and consent from a prior spouse makes no difference to the validity of the second marriage. In countries which outlaw polygamy some people may resort to common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
s. Almost all western countries
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
prohibit polygamy, but several recognize polygamous marriages entered into in countries that permit them. Besides the second and subsequent marriages being void, the bigamist is also liable to other penalties, which also vary between jurisdictions.
Where it is permitted, polygamy exists in three forms: polygyny
Polygyny
Polygyny is a form of marriage in which a man has two or more wives at the same time. In countries where the practice is illegal, the man is referred to as a bigamist or a polygamist...
- where the family unit consists of one man and multiple wives; polyandry
Polyandry
Polyandry refers to a form of marriage in which a woman has two or more husbands at the same time. The form of polyandry in which a woman is married to two or more brothers is known as "fraternal polyandry", and it is believed by many anthropologists to be the most frequently encountered...
- where the family unit consists of one woman and multiple husbands; or group marriage
Group marriage
Group marriage, also known as multi-lateral marriage, is a form of polyamory in which more than two persons form a family unit, with all the members of the group marriage being considered to be married to all the other members of the group marriage, and all members of the marriage share parental...
- where the family unit consists of multiple husbands and multiple wives. Historically, all three practices have existed, but polygyny is by far the most common. Confusion arises when the broad term "polygamy" is used when a specific form of polygamy is being referred to, and most references to polygamy in practice is to polygyny. Most countries that permit polygamy permit only polygyny.
In no country is polygamy ever required, but is only permitted and recognized. Where it is permitted, it is openly and frequently practiced, sometimes even encouraged.
Countries that recognize polygamous marriages
Polygamous marriages are recognized civilly in nearly fifty countries, mostly MuslimMuslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
and African countries. In that region, Israel, Turkey and Tunisia
Polygamy in Tunisia
Tunisia became the first Arab state to formally abolish polygamy in 1956, the same year it gained official independence. In current times, Tunisia is still one of the very few predominately-Islamic nations that has legally banned polygamy, another notable nation being Turkey, which has been noted...
are the notable exceptions. Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law, though in the eyes of the government, they are not considered to be genuine marriages. The single exception in North American region is the province of Saskatchewan Canada. There, the family law courts provide legal protection for polygamy or polyandry. In essence, that Canadian province authorizes simultaneous additional marital rights and obligations for already married persons, prior to married persons becoming divorced from existing spouses. All northern states
States of Nigeria
Nigeria is currently divided into 36 states and Abuja, the federal capital territory. The states are further divided into 774 Local Government Areas....
in Nigeria recognize polygamous marriages, as these states are governed by Sharia law. Districts in Eritrea that operate under Sharia also recognize polygamous marriages, while the federal government does not. Polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
tends to be the least-frequently practiced in secular Arab states, such as Lebanon, which still allows for such unions (though it should be noted that, unlike other Arab states, almost half of the Lebanese population is non-Muslim and has no tradition of polygamy).
The United Kingdom and Australia recognize polygamous unions performed in other countries that permit them. In other similar circumstances, India and Sri Lanka, on the other hand, allow only their Islamic citizens to legally join in polygamous marriages. Many Indians have converted to Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
in order to bypass such legal restrictions. Predominantly Christian nations usually do not allow polygamous unions, with a handful of exceptions being the Republic of the Congo, Uganda, and Zambia
Polygamy in Zambia
Akin to the Uganda, Republic of the Congo and the Central African Republic, Zambia is one of the few Christian nations that allows polygamous unions to be legally formed. Under Zambian law, polygamous unions may be contracted and they have been reported to be extremely widespread in the nation...
. Myanmar (frequently referred to as Burma) is also the only predominately Buddhist nation to allow for civil polygamous marriages, though such is rarely tolerated by the Burmese population.
The autonomous regions of Somaliland and Puntland
Puntland
Puntland , officially the Puntland State of Somalia , is a region in northeastern Somalia, centered on Garowe in the Nugaal province. Its leaders declared the territory an autonomous state in 1998....
in northern Somalia also recognize polygamy, as does the country's Transitional Federal Government
Transitional Federal Government
The Transitional Federal Government is the current internationally recognized government of the Republic of Somalia. It was established as one of the Transitional Federal Institutions of government as defined in the Transitional Federal Charter adopted in November 2004 by the Transitional...
itself, since the country is governed by Sharia law. The autonomous region of Southern Sudan also recognizes polygamy. The Palestinian territories
Polygamy in the Palestinian territories
Marriage in the Palestinian territories deals with the marriage law and customs in the Palestinian territories, which consist of the West Bank and the Gaza Strip....
— consisting of West Bank
West Bank
The West Bank ) of the Jordan River is the landlocked geographical eastern part of the Palestinian territories located in Western Asia. To the west, north, and south, the West Bank shares borders with the state of Israel. To the east, across the Jordan River, lies the Hashemite Kingdom of Jordan...
and Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
— permit polygamous unions for Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
citizens of the territories. The practice continues in Bhutan in various forms as it has since ancient times. It is also found in parts of Nepal, even despite its formal illegality in the country.
Debates of legalizing polygamous marriages continue in Kenya
Polygamy in Kenya
The practice of polygamy is legal in Kenya, and such unions are fully recognized by the courts under customary law. While prohibited via statute concerning civil marriages, a debate of legalizing civil polygamous unions has been a hot topic of political discussion; as well as within Kenyan society...
, Namibia
Polygamy in Namibia
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...
, and many Central Asian countries.
North America
United StatesPolygamy in the United States
Polygamy, in particular polygyny where one man takes several wives, is a common marriage pattern in some parts of the world. However, in the United States polygamy has never been a culturally normative or legally recognized institution. In Canada, polygamy laws are written in a slightly different...
: The practice is illegal in all 50 states.
Over a century ago, citizens of the self-governing territory of what is present-day Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
were forced by the United States federal government to abandon the practice of polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
through the vigorous enforcement of several Acts of Congress. They eventually complied. The Church of Jesus Christ of Latter-day Saints formally abolished the practice in 1890, in a document labeled 'The Manifesto
1890 Manifesto
The "1890 Manifesto", sometimes simply called "The Manifesto", is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints...
'. Among American Muslims, a small minority of around 50,000 to 100,000 people are currently in illegal polygamous relationships.
Canada: It is illegal by Section 293 of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. Bigamy
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
is banned by Section 290. However, the law banning polygamy is not enforced by the government. As of January 2009, no person has been prosecuted in over sixty years. A reference case is currently under way in the Supreme Court of British Columbia challenging the constitutionality of this law.
- See the map and template for more in-depth information.
Africa
Burkina Faso: Both Muslims and non-Muslims can join in polygamous unions under Burkina Faso law.Mayotte
Polygamy in France
Polygamy is illegal in France and has been the center of recent political debates due to surges of Malian immigrants living polygamously in the country...
: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture
Culture of France
The culture of France and of the French people has been shaped by geography, by profound historical events, and by foreign and internal forces and groups. France, and in particular Paris, has played an important role as a center of high culture and of decorative arts since the seventeenth...
. However, pre-existing Muslim marriages are currently still valid in.
Benin
Polygamy in Benin
The nation of Benin recognizes polygamous marriages neither by civil law nor by customary law. Polygamy was permitted up until 2004 when it was formally abolished. After the intake of the current constitution, polygamous marriages were constitutionally banned in the country. However, polygamous...
: Located in the Gulf of Guinea
Gulf of Guinea
The Gulf of Guinea is the northeasternmost part of the tropical Atlantic Ocean between Cape Lopez in Gabon, north and west to Cape Palmas in Liberia. The intersection of the Equator and Prime Meridian is in the gulf....
, Benin recognized polygamous marriages up until 2004 when they were constitutionally outlawed. However, pre-existing marriages are currently still valid in Benin.
Côte d'Ivoire: Akin to the situation in Benin, polygamy and such marriages were outlawed, though previous marriages are still recognized.
Nigeria
Polygamy in Nigeria
Under civil law, Nigeria recognizes polygamous unions. The northern states of Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara recognize polygamous marriages as equivalent to monogamous marriages, as all twelve are governed by Sharia Law, which allows...
: Recognized in all northern states, federal law recognizes polygamous unions under customary law.
Ghana
Polygamy in Ghana
Polygamy is illegal in the African nation of Ghana, and the restrictions are reportedly heavily enforced. Polygamous marriages are illegal under civil law, though are arguably considered to be legal under customary law and Sharia law. Despite this exceptions, there have been no reports of a legally...
: Illegal.
Gabon: Both men and women can join in polygamous unions with the other gender under Gabonese law, although in practice only men do.
Asia
MaldivesPolygamy in the Maldives
Polygamous unions are currently legal in the island nation of the Maldives, though such unions have been reported to be very uncommon. Even still, fifty-nine polygamous marriages took place in 1998. Polygamy is also specifically covered by a 2001 Maldivian law, which orders courts to assess a man’s...
: Permitted for all Muslim men.
Malaysia: Permitted for all Muslim men with consent from the first wife. However a sizable amount of Muslim men have married second (or even third and fourth) wives secretly without the knowledge of their first wife, by having it consecrated in Southern Thailand (which also has a sizable Muslim population).
Indonesia
Polygamy in Indonesia
Polygamy is legal in Indonesia and a man may take up to four wives, as allowed by Islam. Despite such legality, polygamy has faced some of the most intense opposition than any other nation with the majority consisting of Muslims. Additionally, Indonesia has the largest Muslim population in the world...
: Legal, though heavily restricted.
Afghanistan
Polygamy in Afghanistan
The Republic of Afghanistan, which is an Islamic Republic under Sharia Law, allows for polygamy. 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...
: Legal, frequently practiced.
Mongolia
Polygamy in Mongolia
Polygamous marriages are not legally recognized in Mongolia. According to news.china.com, some Mongolian newspapers in 2005discussed whether or not Mongolia should legalize polygamous unions. Proponents of such unions argued that the legislation would help reduce the imbalance of the male and...
: Possible legislation of polygamy has been debated in hopes that it would even out Mongolia's male and female population. However, there has been no formal debate in the government, rather within the public.
Iran: Legal with consent from the first wife, rarely practiced.
Europe
FrancePolygamy in France
Polygamy is illegal in France and has been the center of recent political debates due to surges of Malian immigrants living polygamously in the country...
: Civil marriage registry illegal, still there are no laws against a person living with more than one partner/spouse. Stricter immigration laws have been enforced due to various polygamous-related hassles with immigrants from Mali
Polygamy in Mali
Polygamy is legal in Mali and frequently practiced. Malian immigrants to western nations such as France have encountered handfuls of problems based on such unions, and sparked political debate in France to bring about tougher laws against polygamy....
and other African nations that permit polygamy.
Poland: Illegal, punishable with prison time.
Germany: Illegal, punishable with fine or prison time up to three years.
United Kingdom
Polygamy in the United Kingdom
Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy....
: Illegal, foreign polygamous marriages grant some welfare benefits only. Polygamy is treated as bigamy if a second marriage 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.
Oceania
Australia: Illegal, though several Muslim groups have demanded legal recognition. Even the debate of such legislation was immediately shot down by Australian politicians. Foreign marriages recognized for purposes of welfare benefits.Status disputed or unclear
KenyaPolygamy in Kenya
The practice of polygamy is legal in Kenya, and such unions are fully recognized by the courts under customary law. While prohibited via statute concerning civil marriages, a debate of legalizing civil polygamous unions has been a hot topic of political discussion; as well as within Kenyan society...
- The legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise. A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007."
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.
Swaziland
Polygamy in Swaziland
The legal status of polygamy in Swaziland is currently hard to determine, as many have questioned whether the legal code allows for polygamous unions or only allows such unions to exist, but not be legally recognized as marriages in the eyes of the Swazi government...
- While some have thought that current laws could be interpreted to allow for legally-recognized polygamous unions, there is no legal recognition, still there are no laws against a man living with more than one woman, so the practice itself is not disallowed and even the king has thirteen spouses in 2010.
To permit polygamy
The table below covers recent pieces of legislation that have been either debated, proposed or voted on; all of which concern a form of polygamous union. The table does not cover legislation that restricts polygamy.Country | Date | Polygamous union | Upper House | Lower house | President | Final outcome |
||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
Iraq Iraq | 1963 | Polygamous civil marriage (revoke of prohibitions) | Passed | Passed | Signed | Yes | ||
Malawi Polygamy in Malawi While polygamous marriages are not legally recognized under the civil marriage laws of Malawi, customary law affords a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody... |
1994 | Customary law (recognizes polygamous unions) | Passed | Passed | Signed | Yes | ||
Libya Polygamy in Libya Polygamous unions are legal in Libya if the first wife gives free consent or if health or social reasons compel one to do so. In recent times, it has reported to be decreasing in the nation at an exceeding rate, yet the accuracy of such claims has yet to be verified.... |
1998 | Polygamous civil marriage (abolishes wife's right to consent/reject additional wives) | Passed | Passed | Signed | Yes | ||
Namibia Polygamy in Namibia 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... |
2003 | Customary law (recognizes polygamous unions) | Passed | Passed | Signed | Yes | ||
Namibia Polygamy in Namibia 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... |
2004 | Pension benefits to wives of a deceased president | - | Failed | - | No | ||
Uganda Polygamy in Uganda Polygamy is legal in the landlocked African nation of Uganda, where a man is allowed to married multiple wives at a time. Due to such, most families tend to contain an abundance of children. Uganda is one of the few predominately Christian nations to legally recognize polygamous unions, with others... |
2005 | Polygamous civil marriage (easing of laws; plus restrictions) | Passed | Passed | Signed | Yes | ||
Kyrgyzstan Kyrgyzstan | 2007 | Polygamous civil marriage | Failed | - | - | - | No | |
Kazakhstan Polygamy in Kazakhstan 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 marriage :... |
2007 | Polygamous civil marriage | 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 Polygamy in Kazakhstan 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 marriage :... |
June 2008 | Polygamous civil marriage | Failed | - | - | - | No | |
United Kingdom Polygamy in the United Kingdom Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy.... |
February 2008 | Welfare benefits (of foreign marriages) | Yes | |||||
Iran Iran | September 2008 | Polygamous civil marriage (easing of laws) | Failed | - | - | - | No | |
Kenya Polygamy in Kenya The practice of polygamy is legal in Kenya, and such unions are fully recognized by the courts under customary law. While prohibited via statute concerning civil marriages, a debate of legalizing civil polygamous unions has been a hot topic of political discussion; as well as within Kenyan society... |
July 2009 | Polygamous civil marriage | Pending | - | - | - | ||
Namibia Polygamy in Namibia 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... |
July 2009 | Polygamous civil marriage | Proposed | - | - | - | ||
Russia Polygamy in Russia Polygamous marriages are not currently recognized in the Russian Federation, though debates about legalizing such unions have appeared in the field since the early 1980s.... |
2009 | Polygamous civil marriage | Proposed | - | - | - |
To outlaw polygamy
Country | Date | Prohibition type | Upper House | Lower house | President | Final outcome |
||
---|---|---|---|---|---|---|---|---|
Yes | No | Yes | No | |||||
United States Polygamy in the United States Polygamy, in particular polygyny where one man takes several wives, is a common marriage pattern in some parts of the world. However, in the United States polygamy has never been a culturally normative or legally recognized institution. In Canada, polygamy laws are written in a slightly different... |
July 1862 | Morrill Anti-Bigamy Act Morrill Anti-Bigamy Act The Morrill Anti-Bigamy Act was a federal enactment of the United States Congress that was signed into law on July 8, 1862 by President Abraham Lincoln... , which made polygamy a misdemeanor Misdemeanor A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences... offense in US territories and other areas where the federal government has exclusive jurisdiction. |
Passed | Passed | Signed | Yes | ||
United States Polygamy in the United States Polygamy, in particular polygyny where one man takes several wives, is a common marriage pattern in some parts of the world. However, in the United States polygamy has never been a culturally normative or legally recognized institution. In Canada, polygamy laws are written in a slightly different... |
March 1882 | Edmunds Act Edmunds Act The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882, declaring polygamy a felony. The act is named for U.S. Senator George F. Edmunds of Vermont... , which reinforced Morrill by making polygamy a felony Felony A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors... 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 Kyrgyzstan Kyrgyzstan , officially the Kyrgyz Republic is one of the world's six independent Turkic states . Located in Central Asia, landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and China to the east... ) |
October 1921 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Thailand Polygamy in Thailand Prior to October 1, 1935 polygamy could be freely practiced and recognised under civil law in Thailand. The old family law divided wives into three categories, all in accordance of the way in which they would become wives... |
October 1935 | Outlaws polygamy; polygamous marriage | Passed | Passed | Signed | Yes | ||
North Vietnam Polygamy in Vietnam Polygamy was officially criminalized in Vietnam during the 1950s, with a lengthy prison sentence as punishment. Polygamy is reportedly no longer practiced in the country, though has had its roots in the past among the Hmong people. Polygamous marriages are prohibited by the constitution, which... (modern Vietnam Vietnam Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –... ) |
October 1950 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Syria Syria | 1953 | Restrictions on polygamous marriage | Passed | Passed | Signed | Yes | ||
India Polygamy in India Polygamy is illegal in India for Hindus and other religious groups under the Hindu marriage Act. It remains legal for Muslims under the terms of The Muslim Personal Law Application Act of 1937, as interpreted by the All India Muslim Personal Law Board"... |
1955 | Outlaws polygamy; polygamous marriages (Hindus only) | Passed | Passed | Signed | Yes | ||
Tunisia Polygamy in Tunisia Tunisia became the first Arab state to formally abolish polygamy in 1956, the same year it gained official independence. In current times, Tunisia is still one of the very few predominately-Islamic nations that has legally banned polygamy, another notable nation being Turkey, which has been noted... |
1956 | Ban on polygamy; polygamous marriages | Passed | Passed | Signed | Yes | ||
Iraq Iraq | 1959 | Ban on polygamy; polygamous marriage | Passed | Passed | Signed | Revoked | ||
Côte d'Ivoire Polygamy in Côte d'Ivoire Polygamy was abolished in 1964 by the new Civil Code and polygamous marriages entered into after that date would not be valid in Côte d'Ivoire. However, all polygamous marriages entered into prior to that date are still legally recognized in the nation... |
1964 | New penal code outlaws polygamy; polygamous marriages (upholds existing) | Passed | Passed | Signed | Yes | ||
Hong Kong British Hong Kong British Hong Kong British Hong Kong refers to Hong Kong as a Crown colony and later, a British dependent territory under British administration from 1841 to 1997.- Colonial establishment :... (modern Hong Kong Hong Kong Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour... ) |
1971 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
Eritrean People's Liberation Front Eritrean People's Liberation Front The Eritrean People's Liberation Front was an armed organization that fought for the independence of Eritrea from Ethiopia. It emerged in 1970 as an intellectual left-wing group that split from the Eritrean Liberation Front .-Background:... (modern Eritrea Polygamy in Eritrea Since the introduction of the current Marriage Law introduced by the EPLF in 1977, polygamy has been illegal in Eritrea. While the federal government does not recognize polygamous marriages under civil law, districts governed by Sharia Law are exempt from this law and therefore are free to... ) |
1977 | Outlaws polygamy; polygamous marriage (districts under Sharia exempt) | Passed | Passed | Signed | Yes | ||
Egypt Polygamy in Egypt Polygamous marriages are currently lawful in Egypt for all Muslim men, though the practice itself has been reported to be quite infrequent. Debates of abolishing legal recognition of and outlawing the practice of polygamy have also been very apparent in the political field... |
1979 | Restrictions on polygamous marriage; ease of divorce laws | Passed; abrogated | - | - | - | No | |
Egypt Polygamy in Egypt Polygamous marriages are currently lawful in Egypt for all Muslim men, though the practice itself has been reported to be quite infrequent. Debates of abolishing legal recognition of and outlawing the practice of polygamy have also been very apparent in the political field... |
1985 | Restrictions on polygamous marriage (less liberal) | Passed | Passed | Signed | Yes | ||
France Polygamy in France Polygamy is illegal in France and has been the center of recent political debates due to surges of Malian immigrants living polygamously in the country... |
1993 | Outlaws family reunion for polygamist immigrants | Passed | Passed | Signed | Yes | ||
Uganda Polygamy in Uganda Polygamy is legal in the landlocked African nation of Uganda, where a man is allowed to married multiple wives at a time. Due to such, most families tend to contain an abundance of children. Uganda is one of the few predominately Christian nations to legally recognize polygamous unions, with others... |
Outlaws polygamy | Failed | - | - | No | |||
Morocco Polygamy in Morocco Owing to recent legal restrictions imposed by the government of Morocco, polygamous marriages are nearly nonexistent.Even with these new limitations, polygamy is still practised by a good number of Muslims living in the nation... |
2003 | Restrictions on polygamous marriage | Passed | Passed | Signed | Yes | ||
Benin Polygamy in Benin The nation of Benin recognizes polygamous marriages neither by civil law nor by customary law. Polygamy was permitted up until 2004 when it was formally abolished. After the intake of the current constitution, polygamous marriages were constitutionally banned in the country. However, polygamous... |
August 2004 | New penal code outlaws polygamy; polygamous marriages (upholds existing) | Passed | Passed | Signed | Yes | ||
Morocco Polygamy in Morocco Owing to recent legal restrictions imposed by the government of Morocco, polygamous marriages are nearly nonexistent.Even with these new limitations, polygamy is still practised by a good number of Muslims living in the nation... |
February 2005 | Restrictions on polygamous marriage (heavy restrictions) | Passed | Passed | Signed | Yes | ||
Uganda Polygamy in Uganda Polygamy is legal in the landlocked African nation of Uganda, where a man is allowed to married multiple wives at a time. Due to such, most families tend to contain an abundance of children. Uganda is one of the few predominately Christian nations to legally recognize polygamous unions, with others... |
July 2005 | Outlaws polygamy | Failed | - | - | No | ||
Indonesia Polygamy in Indonesia Polygamy is legal in Indonesia and a man may take up to four wives, as allowed by Islam. Despite such legality, polygamy has faced some of the most intense opposition than any other nation with the majority consisting of Muslims. Additionally, Indonesia has the largest Muslim population in the world... |
2007 | Bans civil servants from living polygamously | Passed | Passed | Signed | Yes | ||
Morocco Polygamy in Morocco Owing to recent legal restrictions imposed by the government of Morocco, polygamous marriages are nearly nonexistent.Even with these new limitations, polygamy is still practised by a good number of Muslims living in the nation... |
May 2008 | Restrictions on polygamous marriage (heavy restrictions) | Passed | Passed | Signed | Yes | ||
Uganda Polygamy in Uganda Polygamy is legal in the landlocked African nation of Uganda, where a man is allowed to married multiple wives at a time. Due to such, most families tend to contain an abundance of children. Uganda is one of the few predominately Christian nations to legally recognize polygamous unions, with others... |
June 2008 | Outlaws polygamy | Failed | - | - | No | ||
Iraqi Kurdistan Polygamy in Iraqi Kurdistan Due to the successful passage of a law in November 2008, the lawful practice of polygamy in the autonomous region of Iraqi Kurdistan is almost impossible. When Kurdistan was divided , polygamy was abolished under areas controlled by the Patriotic Union of Kurdistan while legal under regions... |
Nov. 2008 | Abolishes polygamy except in selective circumstances | Passed | Passed | Signed | Yes | ||
Mayotte | March 2009 | Mahoran status referendum, 2009 Mahoran status referendum, 2009 A referendum on becoming an overseas department of France was held in Mayotte on 29 March 2009. Mayotte had been an overseas collectivity of France since 2003... (passage abolishes polygamy) |
Territory-wide Referendum | Yes | ||||
Turkey Turkey | May 2009 | Disallows polygamists from immigrating into the country | Yes | |||||
Indonesia Polygamy in Indonesia Polygamy is legal in Indonesia and a man may take up to four wives, as allowed by Islam. Despite such legality, polygamy has faced some of the most intense opposition than any other nation with the majority consisting of Muslims. Additionally, Indonesia has the largest Muslim population in the world... |
July 2009 | Restrictions on polygamous marriage | Pending | Pending | - | |||
United Kingdom Polygamy in the United Kingdom Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy.... |
July 2009 | Stricter laws against polygamy | Proposed | - | - | - | ||
Namibia Polygamy in Namibia 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... |
July 2009 | Ban on polygamy & polygamous customary marriages | Proposed | - | - | - |
Recently proposed, failed, or pending efforts to limit polygamy
Country | Description |
---|---|
Malawi Polygamy in Malawi While polygamous marriages are not legally recognized under the civil marriage laws of Malawi, customary law affords a generous amount of benefits to polygamous unions, ranging from inheritance rights to child custody... |
A proposal to outlaw polygamy was defeated in 2008. |
Uganda Polygamy in Uganda Polygamy is legal in the landlocked African nation of Uganda, where a man is allowed to married multiple wives at a time. Due to such, most families tend to contain an abundance of children. Uganda is one of the few predominately Christian nations to legally recognize polygamous unions, with others... |
Another bill that would outlaw polygamy in the country was defeated in the legislature in 2008. |
Saudi Arabia Saudi Arabia | Women's groups within the United Nations have called on Saudi Arabia to outlaw polygamy. Most consider such a move extremely unlikely. |
Egypt Polygamy in Egypt Polygamous marriages are currently lawful in Egypt for all Muslim men, though the practice itself has been reported to be quite infrequent. Debates of abolishing legal recognition of and outlawing the practice of polygamy have also been very apparent in the political field... |
The complete abolishment of polygamy in Egypt has been the discussion of numerous political debates. |
France Polygamy in France Polygamy is illegal in France and has been the center of recent political debates due to surges of Malian immigrants living polygamously in the country... |
Stricter sanctions against polygamist foreign residents have been implemented in attempt to battle polygamy within the immigrant community. |
Indonesia Polygamy in Indonesia Polygamy is legal in Indonesia and a man may take up to four wives, as allowed by Islam. Despite such legality, polygamy has faced some of the most intense opposition than any other nation with the majority consisting of Muslims. Additionally, Indonesia has the largest Muslim population in the world... |
A proposal that would limit polygamy even further is being considered in the legislature. |
United Kingdom Polygamy in the United Kingdom Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy.... |
Several politicians have discussed proposing a bill that would revoke the state's granting of welfare benefits to polygamous households. |
Namibia Polygamy in Namibia 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... |
A bill that would ban polygamous unions from being recognized by customary law and additionally, outlaw all forms of polygamy, has been submitted to the legislature. |
United States Polygamy in the United States Polygamy, in particular polygyny where one man takes several wives, is a common marriage pattern in some parts of the world. However, in the United States polygamy has never been a culturally normative or legally recognized institution. In Canada, polygamy laws are written in a slightly different... |
A senator from Nevada has announced his intentions to introduce a bill that would further put sanctions against polygamy. |
Indonesia Polygamy in Indonesia Polygamy is legal in Indonesia and a man may take up to four wives, as allowed by Islam. Despite such legality, polygamy has faced some of the most intense opposition than any other nation with the majority consisting of Muslims. Additionally, Indonesia has the largest Muslim population in the world... |
Feminists groups and individuals have stated their intent to work for the complete abolishment of polygamy and ban polygamous marriage in the country. |