The legal status of polygamy varies from country to country. The practice is usually illegal in almost all western nations, while openly and frequently practiced,[1] sometimes even encouraged,[2] in most predominately Islamic and African nations.[3][4]
Template:Polygamy map
One consideration in any discussion of the legal status of polygamy is the exact variety of polygamy being considered. Polygyny (one husband with multiple wives) is probably the most common variety of polygamy. Polyandry (one wife with multiple husbands) is considerably rarer. Group marriage (multiple husbands and multiple wives) appears to be less common.
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Polygamous unions are recognized civilly in nearly fifty countries, most of which are located in the Arab world. The few exceptions in the Middle East include Israel and Turkey, which have had a fair amount of western influence, and the African nation of Tunisia.[5] Almost a dozen countries that do not allow polygamous civil marriages recognize polygamous marriages under customary law, though in the eyes of the government, they are not considered to be genuine marriages. All northern states in Nigeria recognize polygamous marriage, 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.[6]Polygamy tends to be the least-frequently practiced in the secularArab states, such as Lebanon, which still allows for such unions.
The United Kingdom and Australia recognize polygamous unions performed in other countries that permit them. In other similar circumstances, India and Sri Lanka,[7] on the other hand, only allow their Islamic citizens to legally join in polygamous marriages. India has the third largest population of Muslims in the world, though the practice is far more prevalent among IndianHindus than Indian Muslims. Many Indians have converted to Islam in order to bypass such legal restrictions.[8] 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.[9]
Canada: It is illegal as per Section 293 of the Criminal Code of Canada. Bigamy is banned as per 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.[16]
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: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture.[17][18] 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.[19] Côte d'Ivoire: Akin to the situation in Benin, polygamy and such marriages were outlawed, though previous marriages are still recognized.[20] Nigeria: Recognized in all northern states, federal law recognizes polygamous unions under customary law. Ghana: Illegal.
Asia
Maldives: Permitted for all Muslim men. Indonesia: Legal, though heavily restriced. 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.[21] Iran: Legal with consent from the first wife.
Europe
France: Illegal, stricter laws have been enforced due to various polygamous-related hassles with immigrants from Mali and other Islamicnations that permit polygamy. Poland: Illegal, punishable with prison time. Germany: Illegal, punishable with prison time. United Kingdom: Illegal, foreign polygamous marriages recognized for the purpose of welfare benefits.
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
Kenya ~ The legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise.[22] A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007." [23]
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.[24]
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.[25]
Notable legislation
Pro-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.
Morrill Anti-Bigamy Act, which made polygamy a misdemeanor offense in US territories and other areas where the federal government has exclusive jurisdiction.
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.
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.
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