Legality of polygamy – Wikipedia

Polygamy around the world

The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Polyandry is illegal in virtually every country and strictly prohibited in Islam.[citation needed] In several non-Muslim countries in Sub-Saharan Africa and Asia, including India, Philippines and Singapore, polygyny is only permitted among the Muslim population. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.

In countries that ban polygamy, the offence is commonly called bigamy, though the penalty varies between jurisdictions. In some countries where polygamy is illegal, the prohibition is not enforced.

Note: These countries are included separately because they have specific legislation aimed only at Muslims.

Polygamy is more widespread in Africa than in any other continent, being most common in a region known as the "polygamy belt" in West Africa and Central Africa, with the countries estimated to have the highest polygamy prevalence in the world being Burkina Faso, Mali, Gambia, Niger and Nigeria.[68] In the region of sub-Saharan Africa, polygyny is common and deeply rooted in the culture, with 11% of the population of sub-Saharan Africa living in such marriages (25% of the Muslim population and 3% of the Christian population, as of 2019).[69] Polygmous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.

Misdemeanor

Felony

As in Africa, polygamy continues to be practiced in parts of Asia, regardless of laws.

In most countries, a person who marries a person while still being lawfully married to another commits bigamy, a criminal offence, though penalties vary between jurisdictions. Besides, the second and subsequent marriages are considered legally null and void.

The United Kingdom, Australia, and New Zealand permit some benefits for spouses of polygamous marriages performed abroad. In the past, Sweden used to recognize polygamous marriages performed abroad; butsince 2021, Sweden no longer recognizes such marriages, save in exceptional circumstances.[136] In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis;[142] 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.[143]

The vast majority of Muslim majority sovereign states recognize polygamous marriages: these states span from the West Africa to Southeast Asia, with the exceptions of Turkey, Tunisia, Albania, Kosovo and Central Asian countries.[144][145][146][147]

Predominantly Christian nations usually do not allow polygamy, with a handful of exceptions such as the Republic of the Congo, Uganda, and Zambia.

Almost a dozen countries that do not permit polygamous civil marriages recognize polygamous marriages under customary law. All the northern states in Nigeria governed by Islamic Sharia law recognize polygamous marriages. The autonomous regions of Somaliland and Puntland in northern Somalia also recognize polygamy, as does the country's Transitional Federal Government itself, since the country is governed by Sharia law. The recently independent country of Southern Sudan also recognizes polygamy.

Polyandry is de facto the norm in rural areas of Tibet, although it is illegal under Chinese family law. Polygamy continues in Bhutan[35] in various forms as it has since ancient times. It is also found in parts of Nepal,[148] despite its formal illegality in the country.[149]

Debates of legalizing polygamous marriages continue in Central Asian countries.[citation needed]

In 2000, the United Nations Human Rights Committee reported that polygamy violates the International Covenant on Civil and Political Rights (ICCPR), citing concerns that the lack of "equality of treatment with regard to the right to marry" meant that polygamy, restricted to polygyny in practice, violates the dignity of women and should be outlawed.[150] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities[151] and reports to the General Assembly of the UN have recommended it be outlawed.[152][153]

Some countries where polygamy is legal are not signatories of ICCPR, including Saudi Arabia, United Arab Emirates, Qatar, Oman, Malaysia, Brunei and South Sudan; so that ICCPR does not apply to these countries.[154] It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law.[155]

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

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Legality of polygamy - Wikipedia