Legality of polygamy


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.

Countries that recognize polygamous marriages

Africa

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

Asia

  • Malaysia
  • Philippines, only for "exceptional cases" even among Muslims where a man could provide for his wives with equal companionship.
  • Sri Lanka
  • Lebanon
  • Pakistan
  • Singapore
  • India

    Countries that only recognize polygamous marriages under customary law

Asia

Africa

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. 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. Polygamous marriages occur, regardless of legality, as the practice is deeply rooted in culture and often supported by Islam in Africa.
  • Angola
  • Benin
  • Burkina Faso
  • Burundi
  • Cabo Verde
  • Democratic Republic of the Congo
  • Côte d'Ivoire: Polygamy may be punishable by six months to three years imprisonment, or a fine of CFA 50,000 to CFA 500,000.
  • Eritrea: Illegal since 1977, after 2015 polygamy is punishable with "a definite term of imprisonment of not less than 6 months and not more than 12 months, or a fine of 20,001 – 50,000 Nakfas."
  • Equatorial Guinea
  • Ghana
  • Ethiopia
  • Madagascar
  • Mauritius
  • Mayotte : Considered to be de facto illegal since a referendum sponsored by France in March 2009, forcing the island to comply with the French laws. However, pre-existing Muslim marriages are currently still valid.
  • Mozambique
  • Rwanda
  • Seychelles
  • Tunisia: Polygamy has been banned and criminalized since 1956 according to Article 18 of the Code of Personal Status and punishable by one year's imprisonment.

    Americas

  • Antigua and Barbuda
  • Argentina
  • Bahamas
  • Barbados
  • Belize
  • Bolivia
  • Brazil: Bigamy is illegal. The marriage of a single individual to more than one other person is prohibited by law as bigamy, which is punishable by two to six years of imprisonment, and is valid for every Brazilian citizen, including naturalized ones. De facto polygamy is not outlawed.
  • Canada: All forms of polygamy, and some informal multiple sexual relationships, are illegal under section 293 of the Criminal Code. Bigamy is banned by section 290. However, as of January 2009, no person has been successfully prosecuted, i.e. convicted, in over sixty years. In 2009, two acquittals on polygamy charges, arising out of the town of Bountiful, British Columbia, prompted the government of British Columbia to pose a reference question to the Supreme Court of British Columbia. The reference questions asked if the criminalisation of polygamy was consistent with the Canadian Charter of Rights and Freedoms; and, if so, under what circumstances could people be legally punished for polygamy. In November 2011 the court released its 335-page long decision, which was that the criminal offence of polygamy is indeed constitutional, but that it should not be used to prosecute minors for having taken part in a polygamous marriage. Chief Justice Robert J. Bauman conceded that there is a conflict between this law and some civil rights principles, but stated that there are other and "more important" issues which in this case take precedence. He wrote : "I have concluded that this case is essentially about harm. More specifically, Parliament's reasoned apprehension of harm arising out of the practice of polygamy. This includes harm to women, to children, to society and the institution of monogamous marriage." Bauman argued that there are cases where the "wives" are abducted and abused, but because they believe in faith-promoting polygamy, they are not willing to bring complaints to the authorities. He reasoned that these offences sometimes may be stopped by applying anti-polygamy legislation. The decision was welcomed by the Attorney General of British Columbia, and by a representative for the group Stop Polygamy in Canada. Likewise, according to CBC News, some polyamorous groups in Canada expressed their relief since Bauman had stated that the law shouldn't apply to them unless they decide to formalize their unions. Women's rights were central to the decision.
  • Chile
  • Colombia
  • Costa Rica
  • Cuba
  • Dominica
  • Dominican Republic
  • Ecuador
  • El Salvador
  • Grenada
  • Guatemala
  • Guyana
  • Haiti
  • Honduras
  • Jamaica
  • Mexico
  • Nicaragua
  • Panama
  • Paraguay
  • Peru
  • St. Kitts and Nevis
  • St. Lucia
  • St. Vincent and The Grenadines
  • Suriname
  • Trinidad and Tobago
  • United States: While polygamy is generally illegal across the United States, the legal system distinguishes between the practice of having multiple spouses and the specific criminal act of entering into multiple marriage contracts. At the federal level, polygamy is considered de ''jure'' illegal under the Edmunds Act, which introduced the misdemeanor of "unlawful cohabitation". By criminalizing cohabitation, the federal government removed the burden of proving that a formal marriage had occurred, which had previously hindered prosecutions under the Morrill Anti-Bigamy Act of 1862. Modern enforcement is conducted almost exclusively at the state level. Bigamy is illegal in all 50 states, as well as the District of Columbia, Guam, and Puerto Rico. Utah reduced bigamy from a felony to an infraction in February 2020, which is punishable by a fine up to $750, compensatory service, forfeiture, disqualification, or a combination of those punishments; nevertheless polygamous unions are recognized as illegal under the Constitution of Utah. In other states, bigamy is usually punishable by imprisonment or a fine.
  • Uruguay
  • Venezuela

    Asia

As in Africa, polygamy continues to be practiced in parts of Asia, regardless of laws.
  • Nepal
  • China: Polygamy is illegal under the Civil code passed in 2020, which replaced a similar 1950 and 1980 prohibition.
  • Hong Kong: Polygamy ended with the passing of the Marriage Act of 1971 when the country was a crown colony under the former flag. Previous unions entered into under customary law are recognised in some situations.
  • Israel: Polygamy has been banned for all confessional communities since at least 1959. Polygamy was criminalized in 1977, but the law is not consistently enforced and polygamy is still practiced by Negev Bedouins.
  • Japan
  • Kazakhstan: Polygamous marriages are not recognized, but the practice is decriminalized, with Kazakhstan being the only Central Asian country to have decriminalized the practice.
  • Kyrgyzstan
  • Mongolia
  • Myanmar
  • North Korea
  • South Korea
  • Taiwan
  • Tajikistan
  • Turkey Turkey has long been known for its promotion of secularism, and has introduced measures establishing stricter bars against polygamy; these were passed by the ruling moderate Islamist AK Party as well. In March 2009, AK Parti effectively banned polygamists from entering or living in the country.
  • Turkmenistan
  • Uzbekistan: Religious authorities who perform a marriage ceremony for couples without a civil marriage license face fines of up to 9,900,000 so'm. Additionally, propagandizing or encouraging cohabitation with two or more wives is punishable by a fine of the same amount, or administrative detention for up to 15 days.
  • Vietnam
  • Cambodia
  • Laos
  • Russia: Polygamous marriages are not recognized in the Russian Federation. The Family Code of Russia states that a marriage can only be contracted between a man and a woman, neither of whom is married to someone else. Furthermore, Russia does not recognize polygamous marriages that had been contracted in other countries. However, neither bigamy nor de facto polygamy are criminalized.
  • Thailand
  • Timor-Leste