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In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another.[1] Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other.[2][3] In countries that have bigamy laws, consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.
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Legal situation
Most western countries do not recognize polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle. This is the case in some states of the United States where the criminalization of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced.[4]
In diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. In some such countries, only one spouse of a polygamous diplomat may be accredited, however.[5]
By country
- Australia: Illegal under the Marriage Act 1961, sect 94. Maximum penalty 5 years imprisonment.
- Canada: Illegal under the Criminal Code of Canada, sect 293.[6]
- China, People's Republic of: Illegal (but tolerated for some minorities, such as Tibetans, in some rural areas in the South West) .
- Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.[7]
- Egypt: Permitted for Muslims (up to four wives).
- Eritrea: Legal in areas under Sharia only (up to four wives).
- All the 27 countries of the European Union (see special note for the United Kingdom): Illegal.
- Iceland: Illegal according to the Icelandic Act on Marriage No. 31/1993, Art. 11.[8]
- Ghana: Illegal. Up to six months imprisonment.
- Republic of Ireland: Bigamy is a statutory offence. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861.[9] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for the Republic of Ireland.[10]
- Israel: Illegal. Up to 5 years imprisonment
- Iran: Legal with written consent from the first wife (up to four wives).
- India: Permitted for Muslims only, provided the husband has written permission from his previous wives. This permission is documented at the time of the Nikah and forms part of the Nikah-nama (agreement of Nikah). Currently however, the government is debating whether to remove the requirement to obtain permission from the previous wives.
- Libya: Legal with written consent from the first wife (up to four wives). (See Polygamy in Libya.)
- Malaysia: Permitted for Muslims; required to obtain judicial consent, show financial capability, and several strict conditions. Some variation in law between states (family law relating to non-Muslims is under federal jurisdiction).[11]
- Maldives: Permitted for anyone.
- Malta - Illegal under the Marriage Act of 1975, section 6.
- New Zealand - Illegal. Up to 15 years imprisonment
- Morocco: Permitted for Muslims, restrictions apply.
- Pakistan: Permitted for Muslims only, provided the husband takes written permission from his previous wives. This permission is documented at the time of the Nikah and forms part of the Nikah-nama (agreement of Nikah).
- Saudi Arabia: Legal up to four wives.
- South Africa: Legalised for indigenous, black traditionalists by the Customary Marriages Act 120 of 1998.
- Tunisia: Illegal. Up to 5 years imprisonment
- Turkey: Illegal. Up to 5 years imprisonment
- United Kingdom: Illegal, although marriages performed abroad may be recognised for some legal purposes (see Polygamy in the United Kingdom).
- In the United Kingdom a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[12] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[13]
- United States: Illegal in all 50 states. Penalty up to 5 years. (but see Polygamy in North America)
- In the United States, the Model Penal Code (section 230.1) defines bigamy as a misdemeanor and polygamy as a felony. Having more than one spouse at the same time gets classified as polygamy, and bumped to a felony, if it is done "in purported exercise of a plural marriage..." According to Joel Feinberg in Moral Limits of the Criminal Law: "Righteously, flaunting one's illicit relationships, according to the Code, is apparently a morally aggravating circumstance, more punishable than its clandestine and deceptive counterpart."[14]
- Uzbekistan: Illegal.
See also
- Forms of nonmonogamy
- Hypergamy
- Polyamory
- Triad (relationship)
- Conflict of marriage laws#Polygamy
- Philip I, Landgrave of Hesse#Bigamous Marriage
References
- ^ Merriam Webster:Bigamy
- ^ George Monger (2004). Marriage customs of the world: from henna to honeymoons. Santa Barbara, Calif: ABC-CLIO. pp. 31. ISBN 1-57607-987-2. http://books.google.com/books?id=o8JlWxBYs40C&pg=PA31&dq=Bigamy+vs.+Polygamy#PPA31,M1.
- ^ "Sex Offenses: Consensual - Bigamy". Law Library - American Law and Legal Information. http://law.jrank.org/pages/2102/Sex-Offenses-Consensual-Bigamy.html. Retrieved 2009-05-10.
- ^ Turley, Jonathan. Polygamy laws expose our own hypocrisy
- ^ Shaw, Malcolm Nathan (2003). International law (5th ed.). Cambridge University Press. pp. 684. ISBN 0-521-82473-7. http://books.google.com/books?id=cc3XzkFt-IUC&pg=PA684#PPA684,M1.
- ^ "CBC News in Depth: Polygamy". CBC.ca. 2008-04-25. http://www.cbc.ca/news/background/polygamy/. Retrieved 2009-01-11.
- ^ http://www.eltiempo.com/archivo/documento/MAM-604578
- ^ "Icelandic Act on Marriage No. 31/1993". Icelandic Ministry of Justice. 2008-01-09. http://eng.domsmalaraduneyti.is/laws-and-regulations/nr/112/. Retrieved 2009-01-11.
- ^ This list of repeals and amendments in the Republic of Ireland from the Irish Statute Book confirms that it remains in force.
- ^ Davis, James Edward (1861). The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria. Butterworths. pp. 276 and 277. http://books.google.co.uk/books?id=HMw0AAAAIAAJ&pg=PA277#v=onepage&q&f=false. Retrieved 2011-03-15.
- ^ http://www.law.emory.edu/ifl/legal/malaysia.htm
- ^ The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act 1948 (11 & 12 Geo.6 c.58), section 1(1)
- ^ The Magistrates' Courts Act 1980 (c.43), section 32(1)
- ^ Feinberg, Joel (1986), Harm to Self (Moral Limits of the Criminal Law, Vol 3), Oxford University Press, USA, pp. 266, 402, ISBN 978-0-19-505923-6, http://books.google.com/books?id=MzHMuCE2JDAC&pg=PA266&dq=Harm+to+Self,+Bigamy,+polygamy#PPA266,M1
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