The legal status of polygamy varies widely around the world. Polygyny is legal in 58 of the nearly 200 sovereign states, the vast majority of which are Muslim-majority countries. Polyandry is illegal in virtually every country and strictly forbidden in Islam. [Citation needed] Several non-Muslim countries (especially in sub-Saharan Africa) allow polygyny among Muslims in their communities. Some countries that allow polygamy have restrictions, such as.B. the requirement for the first woman to give consent. Shepard LD. The effects of polygamy on women`s mental health: a systematic review. Epidemiology and psychiatric sciences. 2013;22(1):47-62. Most countries that accept any form of polygamy limit legal recognition to the practice of polygyny, but prohibit polyandry.
The cultural practice of polyandry can be observed in the cultures of Tibet, Nepal and northern India and is associated with inheritance and land ownership systems. The morality and social value of polygamy are hotly debated. Westerners who promote polygamy for religious reasons (usually Mormons from marginal sects) often argue that households with more parental contributors can create a richer and more stable family life for their children. Opponents, however, argue that polygamy is exploitation and is based on the misconception that women are inherently worth less than men – and that those who promote polygamy tend to be most likely to benefit from maintaining this belief. The practice of informal polygamy within fundamentalist groups raises several legal questions. It has been considered difficult to prosecute polygamists for bigamy, largely because they are rarely officially married under state laws. Without evidence that the alleged perpetrators have multiple formal or common-law marriages, these groups are simply subject to laws against adultery or illegal cohabitation – laws that are not commonly enforced because they also criminalize other behaviors that would otherwise be socially sanctioned. However, some “fundamentalist” polygamists marry girls before the age of consent or commit fraud in order to receive social assistance and other public support. Today, some people claim that banning polygamy violates the equality clause of the Fourteenth Amendment.
The arguments in support of polygamy suggest that the fundamental right to marriage, as interpreted by the Supreme Court in obergefell v. 2015. Hodge`s case provides the constitutional basis for the decriminalization of polygamy. In a 2013 study on the effects of polygamy on women`s health, researchers found that women in polygynous relationships are more likely to have mental health problems than women in monogamous relationships. They reported significantly higher levels of anxiety, depression, and decreased life and family satisfaction. Mormon fundamentalist sects tend to congregate in individual communities of their own specific sect and foundation of polygamy. These small groups range from a few hundred to 10,000 and are located throughout western North America,[38] including: Islam is the only major religion whose sacred texts arguably advocate polygamy. Verse 3 of Sura 4 Year-Nisa (women) explains that a man can marry up to four women in certain (and controversial) circumstances.
According to this text, many Muslim countries allow a man to have up to four wives. However, many also require the man to indicate whether he plans to be monogamous or polygamous as part of the marriage agreement with his first wife, and if she does not allow it, he cannot marry another woman while he is married to her. In addition, polyandry, in which a woman has several husbands, is still strictly prohibited. In Christianity, the Roman Catholic Church condemns polygamy, as do most Protestant churches. However, the Lutheran Church accepts some polygamists and the Anglican Communion ruled in 1988 that polygamy was allowed in certain circumstances. This sub-sect of Christianity is known for its historically atypical attitude towards polygamy. In the United States, The Church of Jesus Christ of Latter-day Saints, based in Utah, practiced polygamy from 1847 to 1890, which it called “plural marriage.” The U.S. government made polygamy illegal in 1862, primarily in response to the LDS Church. Recognizing that support for polygamy could prevent the state of Utah, the Church banned the practice in 1890, and church founder Joseph Smith denied the practice in 1904. Some small Mormon groups that have seceded from the LDS Church still practice polygamy, as do some members of society as a whole, but these associations are not legally registered or recognized. Polygamy is the general and neutral term for any marriage between three or more people.
Polygyny is a specific term used to describe a marriage that includes a husband and at least two wives. This is by far the most common (and most common) form of polygamy. Polyandry is a specific term used to describe marriages between a woman and at least two husbands. In areas where polygamy prevails, women are sometimes forced to marry men they do not want to marry. Laws that allow polygamy are also generally distorted in favor of men. In other parts of the world, including parts of the Middle East and Asia, polygamy is legal but little practiced. And in some countries – particularly in a segment of West and Central Africa known as the polygamy belt – the practice is often legal and widespread. Some sects that practice or at least sanction polygamy are the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS), the Church of Latter-day Christ, and the United Apostolic Brothers.
Polygamy among these groups persists today in Utah, Arizona, Colorado, Canada and some neighboring states, as well as among up to 15,000 isolated people without membership in an organized church. [28] Polygamous Latter-day Saint churches are often referred to as “Mormon fundamentalists”; However, the main Latter-day Saint Church has rejected polygamy since the early 20th century. Mormon fundamentalists often use an ambiguous revelation of September 27, 1886 to John Taylor as a basis for continuing the practice of plural marriage. [29] [untrusted source?] Over the years, the impact of polygamy on society has been discussed. The pros and cons are often discussed, and a case can be made for both. With the exception of the Solomon Islands, polygamous marriages are not recognized in Europe and Oceania. In India, Malaysia, the Philippines and Singapore, governments recognize polygamous marriages, but only for Muslims. In Australia, polygamous marriage is prohibited, but polygamous relationships are common in some Indigenous Australian communities. In Indonesia, polygamy is legal in some areas, such as Bali, Papua and West Papua. Balinese Hinduism allows polygamy, which has been practiced for centuries by Balinese and Papuans.
Protests against the ban on polygamy and polygamous marriages took place in Indonesia in 2008, but did not lead to changes in the law. In 2005, the attorneys general of Utah and Arizona released an introduction to help victims of domestic violence and child abuse in polygamous communities. [42] Subsequently, it was updated four times, the last time in 2011. [38] [43] [39] [44] The application of crimes such as child abuse, domestic violence and fraud has been placed above the enforcement of anti-polygamy and bigamy laws. The priorities of local prosecutors are not covered by this statement. The legal status of polygamy varies from country to country, with each nation prohibiting, accepting or promoting polygamy. In countries that accept or promote polygamy, polygyny is the most common. In countries where only monogamous marriages are legally valid, de facto polygamy is generally allowed as long as adultery is not illegal. In regions like these, where polygamy is prohibited but tolerated, there is no legal recognition for other spouses after the first. Hindu law allows polygamy within certain parameters, although the application varies from one Hindu country to another. .