Polygamy – Wikipedia
Polygamy in the worldBurma banned polygamy in 2015.[1].
The polygamy designates a matrimonial regime in which an individual is linked, at the same time, to several spouses. For a woman with several men, we also speak of polyandry; for a man with several wives, of polygyny. When two or more men have an exclusive sexual relationship with two or more women, it is called polygynandry.
Polygamy is more specifically associated with man. The authorization of polygamy in a state does not mean that it is predominantly practiced[réf. souhaitée]. In predominantly polygynous societies, 60 to 80% of households are “de facto” (and not “de jure”) monogamous.[2].
Polygamy is to be distinguished from group marriages, a form of polyamory involving several partners of each sex, and from bigamy, a situation in which a person contracts several marriages separately, without having legally obtained the dissolution of the previous one or without the two spouses being aware of this situation[3].
In the human sciences, the term « polygamy » is often used by abuse of language to designate polygyny.
The term comes from the Greek πολυγαμία (polugamia) made up of words πολύ (polú) which means « a lot » and γάμος (gámos) which means « marriage ».
For this reason, the term can interchangeably designate the fact of having several husbands or several wives. The terms “polyandry” and “polygyny” are therefore etymologically and semantically incorrect, but are increasingly used to discriminate between the two practices.
Polygamy is opposed to monogamy.
Many countries tolerate polygyny[4] without openly encouraging it. This is not only the case for almost all countries with a large Muslim population,[réf. nécessaire] with the exception of Turkey (banned in 1926) [5] and Tunisia (banned in 1957, see Marriage in Tunisia), but also from a few predominantly Christian and / or animist African countries. The Muslim countries of Central Asia were subject to the ban on polygamy because of the Soviet era. Many of these countries first re-establish legality and then ban it. This is the case of Turkmenistan in 2018[6]. Today the countries of Central Asia have banned polygamy, although it is still tolerated and practiced there.[7]Countries like Senegal allow polygamous civil marriage but the man must choose before marrying whether he wishes to have a monogamous or polygamous marriage and cannot reverse his decision once he has chosen.[réf. souhaitée]
Some populations also allow polyandry, but this phenomenon is much rarer, and is only found in Tibet, among the Bahima in East Africa, among certain Inuit tribes, and among the Toda in India.[8].
“Polygyny is still authorized or tolerated in 2007, in countries representing nearly a third of the planet’s population. Only 10% of the men there have several women, mainly the richest ”[9]. Polygamy is also sometimes criticized in the groups in which it is practiced[10].
Polygamy is prohibited in European countries, as well as in North America, Latin America and various Asian countries. Confronted with the case of polygamous refugee families or people perpetuating customs from their country of origin or minority religious practices (e.g. some Mormon communities in the United States), various states where polygamy is prohibited have been brought up. to make specific legal provisions concerning the rights of children born from such unions and / or the rights of partners living in de facto polygamy.
Polygamy in France[modifier | modifier le code]
Under French law, it is impossible to get married or to conclude a civil solidarity pact (PACS) with several partners. The 1945 ordinance amended by Charles Pasqua has prohibited the issuance of residence permits to foreigners in a situation of polygamy since 1993, and that of August 24 restricts the family reunification of polygamous families, in an effort to prevent the development of an institution that the French legal order condemns[11].
However, the migratory phenomenon has projected “the question of polygamy in France. It affects families from sub-Saharan Africa, belonging to Soninke, Alpular, Toucouleur, of three nationalities (Malian, Senegalese, Mauritanian) and in a peripheral way Algerian, Moroccan and Turkish families ”which often raises questions in the article. law domain[11].
The note entitled “Polygamy in France: a fatality? « [12], proposes the implementation of statistical measurement tools (INSEE and INED) in order to quantify the polygamous phenomenon in France, as well as an orientation of public policies in favor of assistance for the “decohabitation” and the reintegration of actors of said unions, whether men or women, with or without children.
Polygamy in Morocco[modifier | modifier le code]
“The Moroccan code justifies the maintenance of polygamy to take into account respect for“ beliefs ”and not to rush“ traditional values ”. If polygamy remains thus authorized in Algeria as in Morocco, it is subjected to a condition of equity, left to the free appreciation of the husband, in his forum and conscience. The Moroccan code regulates the polygamous union by requiring that the first wife be consulted on a planned second marriage (i.e. she agrees to become a co-wife) and that the second wife be notified of the already existing marriage. (i.e. she also agrees to become a co-wife). If one or the other has not been informed of this reality, they are entitled to request a divorce for obvious fraud and / or serious prejudice. The Moroccan code also allows a right of option for women on the condition of monogamy: this must be mentioned in the contract. Polygamy in Morocco is decreasing in frequency ”[11].
Polygamy in China[modifier | modifier le code]
Polygamy, formerly widely practiced, was abolished by the Chinese Communist Party by its law of May 1, 1950. This law made it compulsory to inform wives of their right to withdraw from this matrimonial regime, without any obligation for them to do so. make[13]. This abolition does not prevent the practice of the « second wife », a mistress officially displayed but with a very precarious status.[14]. The same is true in Hong Kong, where after the abolition of polygamy in 1971, wealthy notables commonly display second or even third wives in 2000 as an ostentatious sign of wealth.[15].
Polygamy in Belgium[modifier | modifier le code]
Polygamy is prohibited in Belgium. But on June 26, 2008, a judgment of the Constitutional Court prohibited any discrimination against children on the basis of polygamy. Children are in fact « not responsible for the marital situation of their parents » but the legislator is free to « limit family reunification » for people « whose marriage is contrary to Belgian public order and to that of others. member countries of the European Union ”.
Polygamy in Canada[modifier | modifier le code]
Polygamy was confirmed as illegal in Canada in late 2011 by the Supreme Court of British Columbia. Freedom of religion does not legalize this practice which is deemed to « cause considerable harm to women, children and the Canadian institution of marriage ». Thus, the people of this province practicing polygamy are susceptible to criminal prosecution.[16].
Judaism[modifier | modifier le code]
The Torah explicitly allows polygamy by subjecting it to many conditions, although it is not presented as an ideal way of life and is not encouraged.[17]. We can indeed find several famous cases of polygyny such as those of Abraham.[18], of Jacob or later of King Solomon (Bible) who will have 700 wives and 300 concubines (in the Prophets) – which will have a negative impact on the political standing of his kingdom[19]. Conversely, we find there the cases of other emblematic characters such as that of the second patriarch Isaac or that of Moses himself, both of whom will have only one wife. According to an exegetical interpretation, the books of Exodus and Numbers in the Bible present Moses as the husband of two women: a Midianite and an Ethiopian[réf. nécessaire]. The Commandment addressed to Moses by God specifies that « you shall not commit adultery » (Exodus 20:14), which may suggest to commentators that in ancient times, « monogamy was the rule, and polygamy the exception « [17].
The Babylonian Talmud reflects these various points of view, allowing infinite polygamy or limiting it to four wives (Yevamot 44a)[20]. On the other hand, two currents emerge during the discussion of the Jerusalem Talmud: one tolerates polygamy, the other poses the monogamous principle of marriage.[21]. Indeed, a midrash « says for example that, in the generation destroyed by the flood, men had two wives, one for childbirth, the other for sexual gratification (Gen. R. 23: 2) » but these discussions seem purely theoretical “since no rabbi of the Talmud seems to have been polygamous nor to have been confronted with polygamous men. Even if the law allowed it, polygamy was therefore no longer practiced in the Talmudic period ”[19].
Over the centuries, the Israelites developed the habit of marrying only one woman. Polygamy was first officially prohibited for the Ashkenazi Jews of Speyer, Worms and Mainz in the 11th century by Rabbenou Gershom (960-1028) of Metz, one of the fathers of the Ashkenazi rabbinic tradition, who wanted to preserve them from further massacres. perpetrated by Christians[22],[23]. This decree by rabbeinou Guerchom includes an exception: « when a wife suffers from a serious mental illness …, the husband has the possibility, with the agreement of one hundred rabbis established in three different countries, to take a second wife. He remains, in this case, legally married to the first, and he is required to continue to provide for her maintenance ”[23].
The prohibition of polygamy then extends to all Jews in Europe and is part of the natural order of the evolution of societies. Under the Muslim influence authorizing polygamy, this prohibition is rarely adopted by some Sephardic Jews who indicate on the marriage contract the request for authorization of the first woman to marry a second. In the twentieth century, monogamy gained the overwhelming majority of Sephardic Jews and the Israeli rabbinical authorities in 1950 prohibited polygamy for all – but in practice, tolerated it in the Arab sector.[19],[23].
Christianity[modifier | modifier le code]
Jesus’ conception of marriage is this: « Therefore a man will leave his father and his mother, and cleave to his wife, and the two will become one flesh. So they are no longer two, but they are one flesh. Let not man therefore separate what God has joined.… » [24] This means that Christian marriage is for a man and a woman, for life. Indeed, repudiation was an authorized practice among the Jews, but it was condemned by Jesus.
Montesquieu tells us that the Roman Emperor Valentinian II authorized, by an edict[25], the subjects of the Empire to marry several women. But this is to be put into perspective because he was a follower of Arianism (Christian sect) which was then qualified as heresy.
During the Renaissance, the prohibition of polygamy was specified in the Catholic world by the constitution ‘Populis ac nationibus by Gregory XIII in 1585[26],[17].
In Catholic and Orthodox Christianity, marriage is monogamous, according to its …
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