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 marriages. 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.[1] 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,[2] sometimes even encouraged.[3]
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Polygamous marriages are recognized civilly in nearly fifty countries, mostly Muslim and African countries.[4][5] In that region, Israel, Turkey and Tunisia are the notable exceptions.[6] 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.[7] 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.[8] 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.[9] 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,[10] 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.[11] 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.[12]
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.[13] The practice continues in Bhutan [14] in various forms as it has since ancient times. It is also found in parts of Nepal,[15] even despite its formal illegality in the country.[16]
Debates of legalizing polygamous marriages continue in Kenya, Namibia, and many Central Asian countries.
In most of the following examples, polygamy only refers to polygyny. Except when the converse is explicitly stated, either all kinds of polygamy are forbidden, or the only allowed form of polygamy is polygyny.
United States: The practice is illegal in all 50 states.[17]
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'.[18][19] Among American Muslims, a small minority of around 50,000 to 100,000 people are currently in illegal polygamous relationships.[17]
Canada: It is illegal by Section 293 of the Criminal Code of Canada. Bigamy is banned by Section 290. 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.[19] In 2009, two aquittals prompted the attorney general of British Columbia to ask the Supreme Court of British Columbia whether challenging the the law was consistent with the Canadian Charter of Rights and Freedoms; and, if so, under what circumstances people can be legally punished for polygamy. [20]
In November, 2011 the court released its 335 pages long decision, which was that the polygamy law indeed was constitutional, but that it should not be used to persecute minors for having taken part of a polygamous marriage.[21] Chief Justice Robert Bauman conceeded 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 takes precedence. He wrote (as quoted by CBS news[21]):
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 polygyny, they are not willing to bring complaints to the authorities. He reasons that these offences sometimes only may be stopped by applying anti-polygamy legislation.
The decision was welcomed by the attorney general of BritishColumbia, and by a representative for the group Stop Polygamy in Canada. Likewise, according to the CBS news[21], some polyamorous people in Canada expressed their relief, since Bauman had stated that the law shouldn't apply to them unless they decide to formalize their unions. There were also some critics, who argued that abuse of various kinds should be persecuted by their respective laws, instead of criminalising all formalized liaisons between three consenting adults, and also find it strange that polyamorous liaisons remain perfectly legal, but only as long as the involved parties do not engage in some kind of marriage ceremony. The appointed court amicus George MacIntosh was deliberating whether to appeal the decision.[21]
Mayotte: Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with French culture.[22][23] However, pre-existing Muslim marriages are currently still valid in.
Benin: Benin recognized polygamous marriages up until 2004 when they were constitutionally outlawed. However, pre-existing marriages are currently still valid in Benin.[24]
Burkina Faso: Both Muslims and non-Muslims can join in polygamous unions under Burkina Faso law.
Côte d'Ivoire: Akin to the situation in Benin, polygamy and such marriages were outlawed, though previous marriages are still recognized.[25]
Gabon: Both men and women can join in polygamous unions with the other gender under Gabonese law, although in practice only men do.
Ghana: Illegal.
Nigeria: Recognized in all northern states, federal law recognizes polygamous unions under customary law.
Maldives: 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.[26]
Iran: Legal with consent from the first wife, rarely practiced.
France: 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. [27]
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.
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.
Kenya - The legal code is presumed by many to prohibit legal recognition of polygamous unions, but other codes seem to mention otherwise.[28] A bill is currently pending to legalize polygamy, known as "Marriage Bill 2007."[29]
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.[30]
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.[31]
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 | 1963 | Polygamous civil marriage (revoke of prohibitions)[32] | Passed | Passed | Signed | Yes | ||
| Malawi | 1994 | Customary law (recognizes polygamous unions)[33] | Passed | Passed | Signed | Yes | ||
| Libya | 1998 | Polygamous civil marriage (abolishes wife's right to consent/reject additional wives)[34] | Passed | Passed | Signed | Yes | ||
| Namibia | 2003 | Customary law (recognizes polygamous unions)[35] | Passed | Passed | Signed | Yes | ||
| Namibia | 2004 | Pension benefits to wives of a deceased president[36] | - | Failed | - | No | ||
| Uganda | 2005 | Polygamous civil marriage (easing of laws; plus restrictions) | Passed | Passed | Signed | Yes | ||
| Kyrgyzstan | 2007 | Polygamous civil marriage[37] | Failed | - | - | - | No | |
| Kazakhstan | 2007 | Polygamous civil marriage[37] | 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[38] | Failed | - | - | - | No | |
| United Kingdom | February 2008 | Welfare benefits (of foreign marriages)[39] | Yes | |||||
| Iran | September 2008 | Polygamous civil marriage (easing of laws)[40] | Failed | - | - | - | No | |
| Kenya | July 2009 | Polygamous civil marriage | Pending | - | - | - | ||
| Namibia | July 2009 | Polygamous civil marriage[41] | Proposed | - | - | - | ||
| Russia | 2009 | Polygamous civil marriage | Proposed | - | - | - | ||
| Country | Date | Prohibition type | Upper House | Lower house | President | 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. | Passed | Passed | 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[42] | Passed | Passed | Signed | Yes | ||
| Thailand | October 1935 | Outlaws polygamy; polygamous marriage[43] | Passed | Passed | Signed | Yes | ||
| North Vietnam (modern Vietnam) | October 1950 | Outlaws polygamy | Passed | Passed | Signed | Yes | ||
| Syria | 1953 | Restrictions on polygamous marriage[32] | Passed | Passed | Signed | Yes | ||
| India | 1955 | Outlaws polygamy; polygamous marriages (Hindus only)[44] | Passed | Passed | Signed | Yes | ||
| Tunisia | 1956 | Ban on polygamy; polygamous marriages[45] | Passed | Passed | Signed | Yes | ||
| Iraq | 1959 | Ban on polygamy; polygamous marriage[32] | 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[46] | Passed | Passed | Signed | Yes | ||
| Eritrean People's Liberation Front (modern Eritrea) | 1977 | Outlaws polygamy; polygamous marriage (districts under Sharia exempt)[47] | Passed | Passed | Signed | Yes | ||
| Egypt | 1979 | Restrictions on polygamous marriage; ease of divorce laws[45] | Passed; abrogated | - | - | - | No | |
| Egypt | 1985 | Restrictions on polygamous marriage (less liberal)[45] | Passed | Passed | Signed | Yes | ||
| France | 1993 | Outlaws family reunion for polygamist immigrants[48] | Passed | Passed | Signed | Yes | ||
| Uganda | December 2003 | Outlaws polygamy[49] | Failed | - | - | No | ||
| Morocco | 2003 | Restrictions on polygamous marriage[45] | Passed | Passed | Signed | Yes | ||
| Benin | August 2004 | New penal code outlaws polygamy; polygamous marriages (upholds existing)[50] | Passed | Passed | Signed | Yes | ||
| Morocco | February 2005 | Restrictions on polygamous marriage (heavy restrictions)[51] | Passed | Passed | Signed | Yes | ||
| Uganda | July 2005 | Outlaws polygamy[52] | Failed | - | - | No | ||
| Indonesia | 2007 | Bans civil servants from living polygamously[53] | Passed | Passed | Signed | Yes | ||
| Morocco | May 2008 | Restrictions on polygamous marriage (heavy restrictions)[54] | Passed | Passed | Signed | Yes | ||
| Uganda | June 2008 | Outlaws polygamy[49] | Failed | - | - | No | ||
| Iraqi Kurdistan | Nov. 2008 | Abolishes polygamy except in selective circumstances[55] | Passed | Passed | Signed | Yes | ||
| Mayotte | March 2009 | Mahoran status referendum, 2009 (passage abolishes polygamy)[56] | Territory-wide Referendum | Yes | ||||
| Turkey | May 2009 | Disallows polygamists from immigrating into the country[57] | Yes | |||||
| Indonesia | July 2009 | Restrictions on polygamous marriage[58] | Pending | Pending | - | |||
| United Kingdom | July 2009 | Stricter laws against polygamy[59] | Proposed | - | - | - | ||
| Namibia | July 2009 | Ban on polygamy & polygamous customary marriages | Proposed | - | - | - | ||
| Country | Description |
|---|---|
| Malawi | A proposal to outlaw polygamy was defeated in 2008. |
| Uganda | Another bill that would outlaw polygamy in the country was defeated in the legislature in 2008. |
| 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 | The complete abolishment of polygamy in Egypt has been the discussion of numerous political debates. |
| France | Stricter sanctions against polygamist foreign residents have been implemented in attempt to battle polygamy within the immigrant community. |
| Indonesia | A proposal that would limit polygamy even further is being considered in the legislature. |
| United Kingdom | Several politicians have discussed proposing a bill that would revoke the state's granting of welfare benefits to polygamous households. |
| Namibia | 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 | A senator from Nevada has announced his intentions to introduce a bill that would further put sanctions against polygamy. |
| Indonesia | Feminists groups and individuals have stated their intent to work for the complete abolishment of polygamy and ban polygamous marriage in the country. |
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