Muslim Polygamy

A Complete Ban on Polygamy

A few Muslim-majority countries have completely outlawed polygamy. These include: Tunisia, Turkey, and Uzbekistan. Algeria’s considerably amended Code de la Famille (Family Code) and Morocco’s new Moudawana (Family Law) (Articles 40-46) have both introduced greater regulation, extremely strict in the case of Morocco. New or amended family codes awaiting formal introduction in some francophone West African countries (Benin, Guinea, Mali, Niger) all seek to regulate polygamy.

In Tunisia under Article 18 of the Code du Statut Personnel (Code of Personal Status), any man who contracts a polygamous marriage is punishable with one year of imprisonment or a fine of 240,000 Tunisian francs or both. These provisions apply even if the new marriage is registered and even if the man continues to live with the first wife. A wife who knowingly enters a polygamous marriage is liable to the same punishments.

In Bangladesh, a 1999 judgment by the High Court Division strongly discouraged polygamy and ordered that a recommendation be sent to the Law Ministry so that they could scrutinize whether or not polygamy could actually be banned. The recommendation suggested that the same line of reasoning used in Tunisia to ban polygamy could be used in Bangladesh (Elias vs. Jesmin Sultana, 51 DLR (AD) (1999).

Note: The information is mostly drawn from two publications which are based on research by local legal experts and activists in the Muslim community: Knowing Our Rights: Women, family, laws and customs in the Muslim world, and Home Truths: A Global Report on Equality in the Muslim Family.