The legal status of polygamy varies widely around the world. Polygamy is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. 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.
India (for Muslims[60] and in Goa[61])
Africa
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.[71] 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).[72] Polygamous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.
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; but since 2021, Sweden no longer recognizes such marriages, save in exceptional circumstances.[140] In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis;[146] see § Europe.
In Canada, both bigamy (article 290 of the Criminal code of Canada)[147]) and de facto polygamy (article 293 of the Criminal Code) [148] are illegal, but there are provisions in the property law of at least the Canadian province of Saskatchewan that consider the possibility of de facto multiple marriage-like situations (e.g. if an already married person enters into a second common-law relationship situation without first obtaining a legal divorce from their existing spouse).[149][better source needed]
The vast majority of sovereign states with a Muslim-majority population 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.[150][151][152][153]
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[38] in various forms as it has since ancient times. It is also found in parts of Nepal,[154] despite its formal illegality in the country.[155]
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.[156] Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities[157] and reports to the General Assembly of the UN have recommended it be outlawed.[158][159]
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.[160] It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law.[161]
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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The practice of polygamy is legal in the Central African Republic but faces growing resistance among educated women
We all know male polygamy is legal.
[Polygamy] legally becomes theoretically almost impossible if not completely impossible.
Polygamy is commonly practiced in many African societies, including South Sudan.
Although Angolan law condemns polygamy, or multiple marriages, the practice is widespread in a country with a large share of female-headed households and where woman are often left alone to care for their children.
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Although polygamy is prohibited in Mozambique there is no punishment. Across the country nearly a third of married women are thought to be in polygamous marriages, according to a NORAD survey.
The modern constitution forbids polygamy; some say it is commonly practiced more often when family economics permit.
The State does not recognise church decrees of annulment. In effect, all marriages celebrated after a church decree of annulment are bigamous and priests celebrating these marriages are accessories before the fact to bigamy and liable to criminal prosecution. ... we have turned a blind eye to the celebration of bigamous marriages and abandoned couples who celebrate them to a legal limbo for so many years.
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