POLYGAMY AND MORALITY IN THE GLOBAL WORLD
Growing up in a community in the Eastern part of Nigeria where men could take wives as they pleased without being questioned, heightened my quest for in-depth knowledge of polygamy in the global world, and why morality and religion have still not curbed it out totally.
Different societies perceive polygamy to be a showcase of one's wealth and social status, while some other societies see it as a necessary evil to be curbed off the face of the earth.
Different religions too view polygamy as an evil such that anyone who involves himself in it is always ex-communicated. On the other hand, others argue that no portion of the Christian Bible bans polygamy so it could be said to not be non-doctrinal, so they go ahead to practice polygamy. And the big question is: why have religion and morality not been able to curb polygamy in Africa- particularly, Nigeria?
This article, therefore, seeks to fill you in on everything you need to know about Polygamy in the global world including what could be said about its origin, how different societies perceive Polygamy, why individuals go into polygamy, what the Nigerian law has to say about Polygamy and why it has never been totally uprooted from the Nigerian system of living.
POLAGMY: SITUATING THE CONTEXT OF OUR DISCUSS
Polygamy is defined as a "marital relationship involving multiple spouses". Even though everyone sees polygamy as being just one word, it is a general term that encompasses other meanings. There are three types of polygamy.
"Polygyny" refers to "one husband who is married to two or more wives", "Polyandry" refers to "one wife married to two or more husbands", and "Polygynandry" refers to "a group marriage scenario in which two or more wives are simultaneously married to two or more husbands, at least three people who commit themselves to each other to cohabitate and live as married people, caring for each other romantically, physically, emotionally and financially".
Since Polygamy usually takes the form of polygyny, we will focus on that in the further analysis of Polygamy in this article.
Polygamy applies differently in various parts of the world. In the Middle East and Asia, Polygamy is legal but not practiced widely. Asides from a few states, most Americans do not consider polygamy to be a controversial topic. In the segment of West and Central Africa known as the Polygamy belt, the practice is frequently legal and widespread.
ORIGIN OF POLYGAMY
The most widely first recorded case of polygamy can be dated back to the beginning of widespread agriculture among civilizations, which included China, India, the Middle East, and parts of Western Europe. This allowed men to own vast amounts of property and to be able to gain many resources from their farms.
As a result, the men with the most land and resources gained the most social power, and they typically had hundreds, if not thousands of wives. As civilization advanced, the rulers of kingdoms and empires would be the most powerful men with thousands of wives since they had sufficient resources to support them. This left most of the poor men in society with no wives at all.
In Ugwulangwu community where I hail from, taking a second wife is one of the criteria which you must attain for you to become a traditional ruler. The number of wives in this community in times past determine a person's wealth status because when you have many people in your household, it is assumed that you also have so many resources to feed them all.
REASONS FOR POLYGAMY
No one will want to go into a polygamous lifestyle just for the fun of it, considering the huge disadvantages accrued to it, even though there are still some advantages associated with it. This is why the question "Why polygamy?" is going to be answered next.
There are many reasons why people may engage in polygamy. Those reasons may be religious or societal and may include stability, safety, companionship, economic resources, reproduction, or love.
The majority of females allow their husbands for co-wives due to infertility or having only female children, and inlaws' family pressure, because they want to secure their marriage instead of a divorce. Thus, infertility and no male child is the main factor that brings about polygamous families.
In my community, due to the level of importance attached to a male child over a female child, a man whose wife couldn't bear him a male child may be frustrated and then pressured by relations to take another wife. And then, irrespective of his religion, he takes a second wife who can bear him a son.
Some also go into polygamy because of their occupation. In time past, and even present in many riverine areas where the major occupation is farming, these men take in as many wives as they can, so that they could produce many children who could assist them in their farmwork. That is why you would see a man with eight wives and more than 20 children.
Some men go into polygamy to showcase their social/wealth status. In Okposi community in Ebonyi state which is my maternal home, for you to take on the "Onyiba" title which is one of the respected titles in the community, you must take a second wife.
Others take in more than one wife due to a lack of self-control or lust for women.
HOW DIFFERENT SOCIETIES PERCEIVE POLYGAMY
A society's morality is made up of the percentage of people who vote in for a particular behavior. For example; if 90% of Nigerians believe that polygamy is morally acceptable, it puts it at the top of the list of moral acts.
A reporter noted that polygamy constitutes a national embarrassment in any country that fantasizes about progress and development. And that polygamy devalues women since the only person who revels in it is the husband who gets to enjoy variety. And the poor women will only be nothing more than a dish at the buffet.
Polygamy is a practice that has taken numerous forms throughout the years and many countries and cultures have either placed restrictions and conditions on it or allowed it to be. It has been deeply rooted in the culture and religion of more communities in Africa than in any other part of the world.
Even though under its civil law, Nigeria doesn't recognize polygamous unions, 12 out of the 36 Nigerian states recognize polygamous marriages as being equivalent to monogamous marriages which are governed by Sharia law.
Some cultures and countries allow polygamy under certain conditions. For example, in Algeria and Morocco, a man is only allowed to marry more than one wife with a marriage license, and his original wife must agree to it and sign a contract of agreement.
Religion often plays a role in how polygamy is practiced within a single country.
Some religions, including some forms of Islam, allow men to marry up to four wives at one time, but the condition is to maintain "equality and justice in all possession whatever a man holds in material means". This equality relates to accommodation, food, clothing, and kind treatment.
The textual basis is provided by the Holy Qur'an for her practice of polygamy.
"Marry women of your choice, two, or three, or four, but if ye fear that ye shall not be able to deal justly (with them), then only one".
However, not all Muslims practice polygamy.
In general, Christianity does not permit polygamous marriages. However, the Anglican church and the Lutheran Church do permit this lifestyle depending on the situation.
In Buddhism, since marriage is not considered a sacred union among them, polygamy is accepted in some Buddhist countries.
In the Islamic religion, polygamy is accepted and widely practiced by many Muslims.
In Hinduism, Polygamy is allowed but on the condition of when a woman is not able to produce a male child after having sexual intercourse with her husband.
HOW THE NIGERIAN LAW VIEWS POLYGAMY
The analysis of polygamy in the global world will be very incomplete without noting the stand of the law on it. We'll take a look at what Nigerian law says about Polygamy.
Nigerian law recognizes polygamy in the name of "Bigamy".
Bigamy is a subset of polygamy. It can either be polygyny (where a man marries more than one woman), polyandry (where a woman marries more than one man), or Polygynandry ( a group marriage scenario).
The Black's Law Dictionary defines Bigamy as the "act of marrying one person while still legally married to each other".
Bigamy is a criminal offense in Nigeria under Section 370 of the Criminal Code Act which states thus:
"Any person who, having a husband or wife living, marries in any case in which such marriage is void by reason of it's taking place during the life of such husband or wife, is guilty of a felony, and is liable to imprisonment for seven years".
The Penal Code Act which applies to Northern Nigeria also makes a similar provision for Bigamy, except that the Penal Code of Northern Nigeria makes a person further liable to a fine.
Nigeria operates a dual legal system (the common law and the customary law), so with regards to marriage the law that applies is determined by the form of marriage a person has undertaken; whether it is statutory (made under the Marriage Act) or customary. A marriage conducted under the Common law is bound by the Marriage Act, while a traditional marriage conducted just according to a custom is bound by the customary laws(which includes the Islamic legal system).
About the above, it is very evident that polygamous unions are recognized by customary laws in Nigeria, providing a handful of benefits to those in polygamous unions, ranging from inheritance rights to child custody.
Previously stated that all marriages conducted under the Common law are bound by the Marriage Act, it is also very necessary to note that according to the Marriages Validation Act, which gives steps in validating certain marriages celebrated in the Western, Eastern, and Northern states, legal marriage in any of the regions in Nigeria includes getting married through all the three steps below:
•Give Notice of marriage to the registrar of marriage
•Celebrate marriage in a licensed church by a recognized minister of that denomination or in a registrar's office ( referred to by some as "court marriage"), within 3 months of the date of issuance of such registrar's certificate.
•Signing of marriage certificate which must be sent to the registrar of marriages within 7 days after the celebration of marriage.
Thus, it is clear that it is not just marriage in a court that is bound by Marriage Act. Marriage celebrations done either in church or a registrar's office after the issuance of the registrar's certificate to do so, are of the same legal effect. Therefore, they are both legally bound by the Marriage Act
Any Marriage under the Marriage Act must be monogamous as provided by the Act, and proceeding to get married to any person other than the recognized spouse shall render the individual liable for Bigamy. This is based on the Locus classicus case of Hyde V. Hyde where Lord Penzance gave the most widely accepted definition of Marriage under English law as "the union of one man and one woman, voluntarily entered into for life, to the exclusion of all others". Thus, Marriage Act prohibits Bigamy.
However, This Day newspaper reported that in Lagos State, the House of Assembly had silently amended the Lagos State Criminal Code and expunged Bigamy from its statutes claiming that it has been a long while since anyone was charged with Bigamy. Therefore, treating it as a civil offense, where the such marriage will simply be dissolved without any Criminal proceedings being instituted against the offender.
Nevertheless, this law of Bigamy still applies to those who are married under Marriage Act. Those who choose to get married under Customary laws are excluded from prosecution if they engage in Polygamy. However, the said custom binding such Marriage must have passed the three validity tests. If not, the court would be faced with no other option but to annul it.
WHY HAS POLYGAMY NOT BEEN TOTALLY UPROOTED FROM THE NIGERIAN SYSTEM OF LIVING?
We have seen that there are indeed laws in Nigeria that ban Polygamy in Nigeria. And one may wonder why these laws have no effect, as cases of monogamous households transforming to polygamous households keep rising every day.
Polygamy on its own is a lifestyle by choice. And it may not be for everyone. While some people still believe that this type of marriage is right for them, others believe that it may lead to problems for the women and children raised in this type of household.
It has turned into a thing of global concern as study has shown that women in polygamous relationships may experience higher rates of mental health symptoms and conditions. It has been seen that the parties in polygamous relationships had less satisfaction with their lives and marriages and mere symptoms of mental illness.
And even the United Nations Human Right Committee has said that "Polygamy violates the dignity of women", and they call for it to be abolished everywhere it still exists.
But the million-dollar question is: Is it even possible to completely abolish polygamy in an African country like Nigeria?
The fact is this, polygamy's morality as far as the world is concerned varies from one nation to another. I cannot possibly deem it fit to be labeled inappropriate for it to be banned, since there are still seemingly right reasons people go into polygamy. But until the root causes of Polygamy are pinpointed, it can never be totally slashed out.
The reason is very simple.
When Nigeria was first colonized, Polygamy was prohibited by English law and the offense of Bigamy was introduced in most African countries, a policy which was viewed as an important factor in bringing "civilization" to the "dark continent".
However, this prohibition failed to consider the cultural, political, social, religious, and economic aspects of the emergence of Polygamy, and therefore couldn't achieve the eradication of this practice totally.
Africa's cultural heritage as a whole, Nigeria inclusive, is more or less a society that has seen nothing wrong with Polygamy.
So pushing for the prohibition of polygamy in law, without focusing on the cultural, social, and economic factors which feed into it is an inadequate way to achieve this goal.
Polygamy is deeply entrenched in culture and is supported by political, social, and economic structures of most African communities, especially in the rural areas, in which Nigeria as a society is not left out.
This culture cannot change overnight, and a top-down prohibition of the practice instead of from the root will result in more harm than good to those who are already oppressed by this practice.
CONCLUSION.
In this article, Polygamy in the global world has been analyzed, including its origin, how different societies perceive Polygamy, why individuals go into polygamy, what the Nigerian law has to say about Polygamy and why it has never been totally uprooted from the Nigerian system of living.
And it is our opinion that for polygamy to be completely wiped out from our nation Nigeria, its root causes must be pinpointed and overviewed, and not just a top-down prohibition from the top.
AUTHOR
OGO GLADYS AMARACHI
MAROON INK
REFERENCES
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https://www.betterhelp.com/advice/marriage/what-should-you-know-about-polygamy
- https://www.aseanjournalofpsychiatry.org/articles/causes-and-consequences-of-polygamy
-https://en.m.wikipedia.org/wiki/polygamy-in-Nigeria
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-Marriage Act
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