Polygamy in Kenya

Polygamy in Kenya
Legal status of polygamy
Recognized under civil law

Afghanistan
Algeria
Bahrain
Bangladesh
Brunei
Burkina Faso
Cameroon
Chad
CAR
Comoros
Congo
Djibouti
Egypt
Ethiopia
Gabon
The Gambia
India1
Indonesia
Iran
Iraq
Jordan
Kuwait
Libya
Malaysia

Maldives
Mali
Mauritania
Morocco
Myanmar
Niger
Oman
Pakistan
Palestine
Qatar
Saudi Arabia
Senegal
Singapore1
Somalia
South Africa
Sri Lanka1
Sudan
Syria
Tanzania
Togo
Uganda
UAE
Western Sahara
Yemen
Zambia

Recognized in some regions

Eritrea2
Nigeria (BA, BO, GO, JI, KD, KA, KT, KE, NI, SO, YO, ZA)

Foreign marriages recognized

Australia (welfare only)
United Kingdom (welfare only)

Recognized under customary law

Botswana
Equatorial Guinea
Lesotho
Liberia
Kenya
Malawi
Mozambique

Namibia
Nigeria
Sierra Leone
South Africa
Swaziland
Zimbabwe

Status in other jurisdictions

Angola
Benin
Bhutan
Burundi
Côte d'Ivoire
DR Congo
Ethiopia
Ghana
Iraqi Kurdistan
Kazakhstan
Kyrgyzstan
Laos
Mayotte (FR)

Mauritius
Mongolia
Niue
Russia
Rwanda
Tajikistan
Thailand
Tunisia
Turkey
Turkmenistan
United States
Uzbekistan
Vietnam

Nigeria (IM, KW, LA, NA, OY, PL)
See also

Polygamy
Polygyny
Polyandry
Non-monogamy
Polygamy by country
Marriage practice by country

Notes

1Illegal in all forms; Muslims exempt
2Regions governed by Sharia

*In certain countries and regions, only Muslims may legally contract a polygamous marriage

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The practice of polygamy is legal in Kenya, and such unions are fully recognized by the courts under customary law.[1] While prohibited via statute concerning civil marriages, a debate of legalizing civil polygamous unions has been a hot topic of political discussion; as well as within Kenyan society and religious bodies.[2] Such legislation has been debated since its gaining of independence in 1963,[3][4] though such measures failed to pass. Re-introduced in early March 2009, "Marriage Bill 2007", which would effectively legalize civil polygamous marriage in Kenya, is currently pending before the parliament, where legislators will soon debate it in the current session.[2]

Previous measures have failed in the past, though various observers have claimed that similar bills were killed due to limitations regarding the registration of a polygamous union; not the concept itself.[2] The current measure must first be approved by the parliament before it can advance.[5][6]

History of Marriage Bill 2007

Marriage Bill 2007 was originally proposed in 1981, though was condemned by politicians for granting women "too many rights", such as the right to specify at the time of the marriage whether or not her husband may choose to take future wives. Most countries allowing polygamous marriages allow such a requirement. Subsequently, the bill was voted down. Revided in 2007, Marriage Bill 2007 faced similar concerns, and thus was not voted on. The bill was reintroduced in March 2009 as planned, addressing legislators concerns by eliminating a wife's right to stipulate monogamy or polygamy during contraction of the marriage. The bill is currently pending before the parliament and has faced both approval and condemntation from Christian and Muslim religious leaders in the country.[7]

External links

References


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