Polygamy, most often polygyny, where a man has multiple wives—is a marital practice that, despite being banned and often criminalized in many Western nations, remains legal and widely practiced in several countries across Africa, the Middle East, and parts of Asia. This practice is typically tied to religious laws (primarily Islam), cultural identity, and traditional values.
While polyandry (a woman having multiple husbands) is virtually non-existent in modern legal systems, polygyny is recognized and regulated under either civil, customary, or religious law in the following countries.
Countries Recognizing Legal Polygamy
| Country | Legal Basis | Key Regulation / Condition |
| 1. Nigeria | Customary and Sharia Law | Legal and common; permitted for Muslims (up to four wives) and under customary law in traditional communities, requiring equal provision. |
| 2. Saudi Arabia | Sharia Law | Muslim men may marry up to four wives, provided they can offer equal financial and emotional treatment to all wives. |
| 3. United Arab Emirates (UAE) | Sharia Law | Muslim men may marry up to four wives, but court approval is mandatory, requiring proof of financial capacity and equal treatment. |
| 4. South Africa | Customary Law | Recognized under the Recognition of Customary Marriages Act (1998). The man must declare his intention to marry multiple wives in the initial marriage contract. |
| 5. Egypt | Islamic Law | Legal for Muslim men (up to four wives). The husband is required to inform his existing wife/wives before taking another, though women can file for divorce in opposition. |
| 6. Kenya | Marriage Act (2014) | Legally allows men to marry multiple wives, specifically backing customary unions. The controversial law does not require the husband to consult his first wife. |
| 7. Afghanistan | Islamic Law | Men can marry up to four wives. The practice is often constrained by economic struggles; decades of conflict have resulted in a demographic imbalance (more women than men). |
| 8. Indonesia | Religious Court Approval | Legal for Muslim men (up to four wives), but they must obtain strict approval from a religious court and prove the capacity for fair treatment. Monogamy is preferred in urban areas. |
| 9. Malaysia | Syariah (Sharia) Courts | Permitted only for Muslims. Requires court approval and the man must demonstrate financial and emotional capacity to support all wives equally. |
| 10. Mali | Civil/Customary Law | Polygamy is legal and common, particularly in rural areas. Marriage registration includes a provision to declare the husband’s intention to take additional wives in the future. |
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The Nigerian Context
In Nigeria, the legality and prevalence of polygamy are significant. The practice operates under a dual legal framework:
- In the predominantly Islamic Northern states, it is governed by Sharia Law, allowing a man to take up to four wives, provided he can afford and provide equal care for all of them.
- In the South and among numerous ethnic groups, it is recognized under customary law, reflecting deeply ingrained traditional norms and cultural identity, making it a very common practice across the country.
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