In Nigeria, the legal landscape of polygamy is complex, influenced by a combination of civil, customary, and Sharia law. While civil law in Nigeria does not recognize polygamous unions, the situation varies across the country's 36 states.
Under civil law, Nigeria does not recognize polygamous unions. However, polygamous unions are currently recognized under customary law throughout Nigeria, but lack numerous benefits in a Nigerian civil marriage.
While civil marriage in Nigeria is monogamous, a dozen states have implanted Sharia into their legal systems and thus are exempt.
It is also worth noting that the character and occurrences in these two marriage systems (monogamous and polygamous) are fundamentally different. In fact, different types of legislation regulate the two systems under the Nigerian corpus juris. Monogamous marriage is classified as the statutory recognized marriage in Nigeria.
The terms of the Marriage Act, a federal law that applies to all states of the Federal Republic of Nigeria, strictly govern this type of marriage. While on the other hand, a polygamous marriage, is a customary law institution.
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Polygamy contrasts with monogamy, which is a marriage between only two people. While monogamy is the standard approach to marriage in Europe and the Americas, polygamy is common in much of Africa and the Middle East, and is also seen in parts of Southeast Asia.
Polygamy, otherwise known as “Polygamous Marriage” or “Polygamous Family”, refers to a type of marriage where a man marries more than one wife as life partners. According to the Blacks Law Dictionary, the term polygamy is defined as “the state or practice of having more than one spouse simultaneously”.
Marriage is, indeed, the legitimate means of securing the right to cohabitate between opposite sexes in an “ideal” territory, Nigeria inclusive. And as a matter of fact, in Nigerian law, there are essentially two types of marriage: monogamous (which wholly depicts one man and one wife) and polygamous (which permits more than one wife married to just one man).
At the risk of prolixity, it is trite that under the Nigerian law, marriage could either be monogamous or polygamous. Or express differently, marriage could either be statutory marriage or customary marriage. The Statutory marriage is purely monogamous in nature.
Conversely, the Customary marriage is one which gives the liberty to the husband to marry more than one wife, either simultaneously or successively. However, it could be still be sub-categorized into Islamic marriage and traditional marriage. That is, customary marriage also include Islamic marriage by the virtue of the Nigerian hierarchical structure and sources of her regulatory laws.
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Furthermore, it is pertinent to note that under Islamic customary marriage, no man is allowed to marry more than four wives either simultaneously or successively. Howbeit, under the traditional form of customary marriage, there exists no limitation on the number of wives a man is entitled to either jointly or in sequence.
Be that as it may, polygamy is a strictly customary form of marriage which does not enjoy any statutory flavor. The fact that a marriage contract was not contracted pursuant to the Marriage Act does not make it illegal or not legally recognized. Likewise, the fact that polygamous marriage is unwelcome under the Nigerian Marriage Act does not ipso facto make it illegal.
Any person who is married under this Act, or whose marriage is declared by this Act to be valid, shall be incapable, during the continuance of such marriage, of contracting a valid marriage under customary law; but, save as aforesaid, nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any customary law, or in any manner apply to marriages so contracted.
Notwithstanding the fact that polygamous marriage enjoys no statutory instrument, there are still certain conditions precedent to be fulfilled to have a valid subsisting marriage. The conditions precedent may vary from one ethnic practice to the other. Howbeit, there are essential conditions which are common vis-à-vis consent, capacity, bride price or dowry, and formal giving away.
Once these are duly complied with, valid customary marriage has been given a life. Once these are duly complied with, a valid customary marriage has been given a life. The husband has no special legal obligation to perform before he can marry another wife.
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Flowing from the above, it is very lucid that, in Nigeria, having several spouses is not considered antisocial.
In contrast to monogamy, polygamy refers to marriages among three or more people; only 2% of the global population lives in polygamous households. Globally, the legality and acceptance of polygamy vary. It is illegal in the Americas and most of Europe, recognized for Muslims in parts of Asia, and outlawed yet tolerated due to loopholes in some African countries. Polygamy's ethical and societal value is contested; some argue it creates stable families, while others see it as exploitative and reinforcing gender inequalities.
Polygamy is the general, gender-neutral term for any marriage among three or more people. Polygyny is a specific term used to describe a marriage that includes one husband and at least two wives. This is by far the most common (and the most frequently legal) form of polygamy. Group marriage is a blanket term for marriages that include multiple husbands as well as multiple wives. Polyamory is the practice of having multiple romantic relationships, with all parties having full knowledge and granting full consent. The term is not related to marriage. Polygeny is the (outdated) theory that humankind’s different races evolved from different sets of ancestors.
Buddhists regard marriage as a secular affair rather than a sacrament. Each Buddhist country thus has its own stance on polygamy. In Christianity, the Roman Catholic Church condemns polygamy, as do most protestant churches. This subsect of Christianity is known for its historically atypical stance on polygamy.
In the United States, the Utah-based Church of Jesus Christ of Latter-day Saints Mormons practiced polygamy, which it called “plural marriage,” from 1847 to 1890. government made polygamy illegal in 1862, largely in response to the LDS Church. The church, realizing that support for polygamy was likely preventing Utah’s statehood, outlawed the practice in 1890. The church president at the time, Wilford Woodruff wrote the Manifesto stating Mormons have disavowed the teaching and practice.
Hindu law allows polygamy under some circumstances, and the application varies from one Hindu country to another. For example, traditional Hindu law allowed polygamy if the first wife could not bear a son. Islam is the only major religion whose sacred texts arguably endorse polygamy.
Verse 3 of Surah 4 An-Nisa (Women) declares that a man may marry up to four women under specific (and debated) circumstances. In observance of this text, many Muslim countries allow a man to have up to four wives. However, many also require the man to state whether he plans to be monogamous or polygamous as part of the marriage agreement with his first wife, and if she disallows it, he cannot marry another wife while married to her. Muslim acceptance of polygyny is illustrated by the fact that polygamy is most common in the Middle East and North/Central Africa, the regions of the world that are home to the highest concentrations of Muslims, and illegal in most other regions.
Many prominent Jewish leaders, including Abraham, David, and Jacob, are described in the Torah as having polygamous marriages. The legal status of polygamy varies from country to country, with each nation outlawing, accepting, or encouraging polygamy. In those countries that accept or encourage polygamy, polygyny is most common.
In countries where only monogamous marriage is legally valid, de facto polygamy is typically allowed as long as adultery is not illegal. states. With the exception of the Solomon Islands, polygamous marriages are not recognized in Europe and Oceania. In India, Malaysia, the Philippines, and Singapore, the governments recognize polygamous marriages, but only for Muslims.
In Australia, polygamous marriage is outlawed, but polygamous relationships are common within some indigenous Australian communities. In Indonesia, polygamy is legal in some areas, such as in Bali, Papua, and West Papua. Balinese Hinduism allows for polygamy, which has been practiced for centuries by the Balinese and Papuans.
In some African countries, polygamy is illegal under civil law but still allowed through customary law, in which acts that have traditionally been accepted by a particular culture are considered legally permissible. Another unusual loophole is that many Muslim countries will recognize polygamous marriages as long as the husband, before marrying his first wife, informs her that he intends to add additional future wives and she consents.
Some countries that have outlawed polygamy may still recognize polygamous marriages from other countries. For example, Sweden recognizes polygamous marriages performed abroad. Switzerland outlawed polygamy, but polygamous marriages conducted in another country are handled on a case-by-case basis. Australia recognizes polygamous marriages formed in other countries only under certain circumstances. (one woman with multiple husbands). structures.
1. permits up to four wives, provided equal treatment. households polygamous. 2. emotional equity. 3. capability. 4. expand labor and family networks. 5. land division. 6. economic stability a key factor. 7. and economic alliances. 8. marital status at registration. 9. to marry multiple wives. 10. households polygamous. comes from polygamous households. (UN Women, 2023). Nigeria due to high maintenance costs. Urbanization reduces polygamy rates in the UAE (down 5% since 2010). Muslim-majority countries to consider reforms. Mali advocate for consent-based laws, impacting 15% of new marriages. among Maasai communities. safaris. countries.
Sharia Law and Polygamy in Northern States
12 out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages. All twelve states are governed by Sharia law. Zamfara State was the first to legislate polygamy, which occurred on January 7, 2000.
After the adoption of Sharia Law in Zamfara State in early January 2000, Zamafara State became the first state in Nigeria to allow for legal recognition of polygamous marriage under civil law, as such is practicable under Sharia, which allows for a man to take up to four wives on the account that he treats them equally.
There are no requirements based on religion in the North, therefore Christians are legally allowed to form polygamous unions just as Muslims may do.
Christian church leaders such as Archbishop Peter Akinola of the Anglican Church of Nigeria have condemned the practice of polygamy by Christians, with Akinola going on to write "The observation [of polygamy] will destroy our witness if not firmly addressed.
Since the legislation of Sharia law in a dozen of Nigeria's northern states, the debate of legislating Sharia in Nasarawa State soon entered the political arena, sparking both outrage and excitement from the residents of Nasarawa State. Supporters have vowed to continue their attempts to implant Sharia into the state. The state remains one of the few states in Nigeria's north that is not governed by Sharia Law, possibly due to the large Christian population.
Currently, Nasarawa State does not provide for polygamous marriages, though the status could possibly change.
Map of Nigeria showing states
Attempts to Introduce Sharia in Southern States
As the southern region of Nigeria is composed of mostly Christians, polygamous marriages have not been legally introduced at this time. Attempts to introduce Sharia (thereby legalizing polygamy) have been made in Oyo State, Kwara State, Lagos State, and several others, yet all unsuccessful.
Since the introduction of Sharia law throughout northern Nigeria, various attempts have been made to implant Sharia law into the southern Kwara State, which would legalize polygamy.
While the implanting of Sharia was unsuccessful, numerous Sharia courts were set up in Kwara State to serve for Muslim legal cases.
Polygamous marriages are not permitted as of 2010 in Lagos State, which has Nigeria's most populous city, Lagos. Attempts to introduce Sharia law in Lagos State, thereby legalizing polygamy, have been made since early 2002, after a dozen of Nigeria's northern states established Sharia as the governing form of law for Muslims, but not non-Muslims, in these states.
Since May 2002, attempts have been made to implant Sharia law into the southern Oyo State, which would legalize polygamy. While the implanting of Sharia was unsuccessful, numerous Sharia courts were set up in Oyo State to serve for Muslim legal cases.
Plateau State currently does not recognize polygamous marriages under civil law. Efforts to introduce Sharia law in Plateau State have not been successful due to strong opposition by the largely Christian population.
As of 2009, there has yet to be any debate of introducing a measure that would allow for civil polygamous marriages to be recognized within the entire country of Nigeria, letting the legislation play out on a state-by-state basis rather than introducing a nationwide measure.
A Nigerian family
Customary Law and Polygamy
Polygamous unions are currently recognized under customary law throughout Nigeria, but lack numerous benefits in a Nigerian civil marriage.
The morality and societal worth of polygamy are fiercely debated. Westerners who promote polygamy on religious grounds (typically fringe-sect Mormons) often maintain that households with more parental contributors can create richer and more stable family lives for their children.
The husband has no special legal obligation to perform before he can marry another wife.
In some African countries, polygamy is illegal under civil law but still allowed through customary law, in which acts that have traditionally been accepted by a particular culture are considered legally permissible.
Polygamy
The legal status of polygamy in Nigeria remains a complex and evolving issue, influenced by regional differences, religious beliefs, and ongoing debates about its social and ethical implications.
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