🏛️ Polygyny: the law · #39

May Muslims practise polygyny in Western countries such as the UK, Australia or America?

Not lawfully. In most Western countries, marrying while still bound by another marriage is the criminal offence of bigamy, and the second marriage is not recognised by law. For example, in England and Wales it is an offence under the Offences Against the Person Act 1861, section 57; in Australia under the Marriage Act 1961, section 94; in the United States it is an offence in every state. A religious-only second marriage still gives the second wife no civil rights such as inheritance, civil maintenance or spousal status for a visa. Minority Muslims must obey local law and weigh the harm to women and children. See Muslim minorities in the West.

Sources

Offences Against the Person Act 1861 (UK), s.57Marriage Act 1961 (Australia), s.94Surah an-Nisa' 4:59

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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