Central Asia and Afghanistan: polygyny between legal prohibition and the reality of marriage

1Regional overview

The region is divided between two legal traditions. Afghanistan was never part of the Soviet Union; its family law is based on codified Hanafi fiqh (and Ja'fari fiqh for Shia). The other six republics inherited secular Soviet family law: a marriage is valid only when registered at the civil registry office (ZAGS), and religious nikah has no legal effect.

After independence in 1991, the revival of religious practice led to nikah by imams or mullahs becoming widespread again — including for second wives. The states responded in two ways: by criminalising polygamy (Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan), or simply by not registering it, without criminal penalty (Kazakhstan, Azerbaijan).

2Afghanistan: the Civil Code 1977 and the situation since 2021

The framework of the Civil Code 1977 (Sunni). Article 86 allows a man to marry more than one wife when three conditions are met: (i) there is no fear of injustice between the wives; (ii) he has the financial means to provide their maintenance — food, clothing, housing and medical care; and (iii) there is a lawful maslahah (benefit), for example the first wife has no children or suffers from an illness that is hard to cure.

• Article 87 — an existing wife may apply for divorce on grounds of harm if the husband marries again without meeting the conditions of article 86.
• Article 88 — a woman may stipulate in the contract that if the husband marries again contrary to article 86, the power of talaq passes to her; she does not need to prove harm.
• Article 89 — a new wife may apply for divorce if the husband concealed an existing marriage, did not obtain her clear consent, and she does not wish to continue living with him.
• Article 116 — the husband may not force his wives to live in one house.

Shia. The Shia Personal Status Law 2009 article 91 permits up to four wives on condition of justice; article 134(4) allows the wife to stipulate that the husband will not marry again, and if this is breached she may divorce without any other procedure.

Penalty (Republic era). The Elimination of Violence Against Women (EVAW) law 2009 article 37 set a short term of imprisonment of not less than three months for a husband who married again without complying with articles 86 and 89.

Since August 2021. The Taliban authorities have stated that Hanafi fiqh is the basis of the legal system and that the previous government's laws apply only so far as they do not conflict with the Shariah; their statements are inconsistent, and the status of the Civil Code 1977 specifically (to be verified). The special courts and prosecution units that enforced the EVAW law have been dissolved, and the family courts merged into the ordinary civil courts. On 14 May 2026, the de facto Ministry of Justice gazetted Decree No. 18, the "Code on Judicial Separation of Spouses". According to UNAMA (21 May 2026), the decree preserves men's right to unilateral talaq, makes it harder for women to seek separation, and implies that child marriage is permitted. UNAMA's statement does not mention polygyny.

3Uzbekistan

• Crime. Criminal Code article 126 defines polygamy as cohabiting with two or more women in a shared household. The penalty is a fine, corrective labour of up to three years, restriction of liberty, or imprisonment of up to three years.
• The 2023 amendments. A law signed at the end of October 2023 amended the Criminal Code and the Code of Administrative Responsibility. Spreading propaganda for polygamy, and conducting a religious nikah for a couple whose marriage is not registered according to law, can now be punished by a fine of 15–30 basic calculation units or administrative detention of up to 15 days (Interfax, 1 Nov 2023). The article number in the administrative code (to be verified).
• Imams. In 2017, President Mirziyoyev urged imams not to conduct nikah for second wives. The rules now require a civil marriage certificate to be produced before a nikah is conducted.
• Statistics. Uzbekistan's Supreme Court reported that 38 men were convicted of polygamy in the five years to August 2023 (RFE/RL). Local media report that the practice remains widespread through unregistered nikah.

4Kazakhstan and Kyrgyzstan

Kazakhstan. The offence of "bigamy or polygamy" (in place since 1959) was removed from the criminal code in 1998. Polygamy is now not criminalised, but the registry office will not register a marriage if either party is still lawfully married. Religious marriage is not recognised by the state. Proposals to legalise polygamy were brought to Parliament in 2001 and 2008, but both were rejected. The Spiritual Administration of Muslims of Kazakhstan (DUMK) directs imams to conduct nikah only for couples who already have a civil marriage certificate, though compliance varies (CABAR.asia, 2024).

Kyrgyzstan. Criminal Code article 176 criminalises cohabiting with two or more wives in a shared household. The penalty is a fine of 50,000–100,000 som, and proceedings are begun only on the victim's complaint. On 25 June 2025, the Jogorku Kenesh voted to repeal article 176. President Sadyr Japarov then returned the bill for review, so the provision remains in force (Times of Central Asia, 14 August 2025); the position after that date (to be verified). Since the November 2016 amendments, religious marriage with a minor is a crime. Liability covers the adult man, the parents and the religious official who conducts the marriage, with imprisonment of three to five years (HRW, 2016).

5Tajikistan, Turkmenistan and Azerbaijan

• Tajikistan. Criminal Code article 170 defines polygamy as cohabiting with two or more women. The penalty is a fine, corrective labour, or imprisonment of up to five years (Asia-Plus, 2025). According to Tajikistan's seventh periodic report to the CEDAW Committee, the courts handled about 375 polygamy cases between 2019 and 2022 (quoted by Asia-Plus, 2025). Mullahs are forbidden to conduct a nikah for couples who do not produce a civil marriage certificate.
• Turkmenistan. Polygamy is a criminal offence punishable by corrective labour of up to two years or a fine; the article number in the Criminal Code (to be verified). In June 2018, the Family Code was amended to state that polygamy — "cohabiting with two or more women at the same time" — is not permitted in Turkmenistan (The New Arab, 2018).
• Azerbaijan. Family Code 1999 article 12 prohibits marriage if either party is still married. But no penalty is set, and polygyny is not criminalised. In the Soviet era, polygyny was punished with imprisonment. The Caucasus Muslims Board is reported to have received an informal government request that mullahs check official marriage documents before conducting a nikah. The State Committee for Family, Women and Children's Affairs states that it has no statistical data on polygynous families (Meydan TV, 2017).

6Marriage registration and the authorities

• Former Soviet republics. Only marriages registered at the civil registry office (ZAGS or an equivalent body) have legal effect. The ordinary civil courts hear divorce, maintenance and custody cases; there are no Shariah courts. The national Muslim boards, such as DUMK in Kazakhstan and the Muftiates in Kyrgyzstan and Uzbekistan, only manage imams and mosques. Most of them require a civil certificate before a nikah is conducted.
• Afghanistan. Under the Republic, marriages were supposed to be registered at court through the nikah-khat (marriage certificate). But registration rates were low, and the process was seen as costly and time-consuming. Under the Taliban, family matters are heard by the ordinary courts, based on Hanafi fiqh.
• Simple divorce. In the former Soviet republics, divorce of a civil marriage is done at the registry office if both parties agree and there are no minor children, or through the courts. A talaq pronounced outside court does not dissolve a civil marriage. In Afghanistan, the husband's talaq is recognised. The wife depends on divorce through the court on grounds of harm or a condition in the contract (Civil Code article 87–89; Decree No. 18 of 2026).

7The de facto reality: unregistered nikah

Across the region, polygyny rarely happens through a second civil marriage, because the registry office is certain to refuse it. Instead, the second wife is usually married by an imam without any registration. The effects of this practice are well documented:

• No property rights. In Kazakhstan, lawyers report that women in unregistered polygynous nikah cannot claim jointly acquired property when they separate (CABAR.asia, 2024).
• Maintenance and the children's lineage. The wife must prove the child's paternity through the court before she can claim child maintenance. The wife herself is not entitled to alimony or state support.
• A crime on paper, rarely prosecuted. In Uzbekistan there were only 38 convictions in five years, and in Kyrgyzstan prosecution depends on a complaint by the victim. The effect is that second wives remain without legal protection even though husbands are rarely punished.
• Afghanistan. The Afghanistan Demographic and Health Survey 2015 found that about 6% of marriages were polygynous. The percentage was higher among women aged 45–49 (11%), rural women and women from the poorest households (Musawah, citing DHS 2015).

8What Malaysians need to know

• The Syariah Court's permission is still required. A Muslim man resident in Malaysia must obtain the written permission of the Syariah Court before practising polygyny, even if the contract is made abroad (Act 303 s.23 for the Federal Territories and the equivalent state enactments). Marrying without permission is an offence (Act 303 s.123).
• Do not marry through an imam alone. In Uzbekistan, conducting a nikah for a couple whose marriage is not registered can attract an administrative fine. In Uzbekistan, Kyrgyzstan, Tajikistan and Turkmenistan, living with two wives can be a crime, and there is no exemption for foreign nationals (to be verified for each case).
• Civil registration first. A marriage to a local national must be registered at the civil registry office, with a legalised certificate of marital status. Then register the marriage in Malaysia within the period in the state enactment. See recognition of marriages abroad.
• Afghanistan. The legal and security situation changes quickly, and Malaysia does not have full diplomatic relations with the de facto authorities (to be verified). Seek Wisma Putra's advice before any marriage matter.
• Conditions in the contract. Recording conditions in the contract (for example a taʿliq or a no-polygyny condition) is recognised in Hanbali fiqh and in Afghan law (article 88). See conditions in the contract.

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