Legality of polygamy


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 in Africa and Asia. Polyandry is illegal in virtually every country. A number of countries permit polygyny among Muslims in their communities. Some countries that permit polygyny 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

Africa

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. In addition, 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. On a case-by-case basis, Sweden recognizes polygamous marriages performed abroad but without giving residence or social security rights to other spouses. In Switzerland polygamous marriages conducted abroad may be accepted or rejected on a case-by-case basis; 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.
The vast majority of Muslim majority sovereign states recognize polygamous marriages: these states span from West Africa to Southeast Asia, with exceptions of Israel, Turkey and Tunisia. The Palestinian territories — consisting of West Bank and Gaza Strip — permit polygamous unions for Muslim citizens of the territories.
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 in various forms as it has since ancient times. It is also found in parts of Nepal, despite its formal illegality in the country.
Debates of legalizing polygamous marriages continue in Central Asian countries.

Civil unions

Brazil – A legally married person or a married couple cohabiting with one or more sexual partner 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.
In 5 May 2011 long-term cohabitation between non-married persons, known as união estável, was extended to same-sex couples, recognized as a family entity and granted all 112 rights of married couples – its only legal difference from marriage is that it does not change individual civil status from single to married.
One of such uniões estáveis, in Tupã, São Paulo, was registered involving a man and two women, as reported in August 2012. A second união estável-bound trio took place in the city of Rio de Janeiro, this time between three women, in October 2015.

International law

In 2000, the United Nations Human Rights Committee reported that polygamy violates the International Covenant on Civil and Political Rights, 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. Specifically, the reports to UN Committees have noted violations of the ICCPR due to these inequalities and reports to the General Assembly of the UN have recommended it be outlawed.
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. It has been argued by the Department of Justice of Canada that polygyny is a violation of international human rights law.

Notable legislation

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

To permit polygamy

To outlaw polygamy