Polygamy is legal in roughly 50 countries, concentrated in the Middle East, sub-Saharan Africa, and parts of South and Southeast Asia. In almost every case the practice takes the form of polygyny, where a man may marry up to four wives, and almost every country that allows it requires some combination of judicial approval and proof that the husband can financially support more than one household. The countries that allow polygamy fall into three regional clusters, each shaped by a different mix of Islamic family law, customary tradition, and codified statute.
Middle East and North Africa
Saudi Arabia, the United Arab Emirates, Qatar, Kuwait, Oman, Bahrain, and Yemen all permit polygamy under Islamic family law. The Saudi Basic Law of Governance declares the Quran and the Sunnah to be the kingdom’s constitution, and family matters are governed accordingly.1University of Minnesota Human Rights Library. Basic Law of Governance – The Constitution of Saudi Arabia The UAE regulates marriage for Muslims through its Personal Status Law, with a separate 2022 civil code governing non-Muslim residents.2UAE Legislation. Federal Decree-Law No 41 of 2022 On the Civil Personal Status
Morocco and Algeria also allow the practice, but both impose heavy restrictions through their family codes. Morocco’s Moudawana requires the husband to demonstrate an “exceptional and objective justification,” and a court can deny the petition if it finds a risk of inequity between wives. The first wife can also include a clause in her marriage contract that flatly prohibits her husband from taking a second wife, and courts will enforce it.
Sub-Saharan Africa
Africa has the highest concentration of countries where polygamy is legal and widely practiced. The list includes Senegal, Mali, Nigeria, Gambia, Niger, Guinea, Burkina Faso, Chad, Cameroon, Central African Republic, Djibouti, Sudan, Somalia, South Africa, Kenya, Tanzania, and Uganda. Legal recognition comes through some mix of customary law, religious law, or codified statute, and often all three running in parallel.
In six of these countries, at least a quarter of the population lives in polygamous households, with Burkina Faso the highest at roughly 36 percent. The practice cuts across religious lines. In Nigeria, about 40 percent of Muslims and 8 percent of Christians live in polygamous households. In Chad, Christians in polygamous marriages actually outnumber Muslims in them. Polygamy in Africa is rooted in pre-colonial customary traditions that predate the arrival of Islam or Christianity.
Two countries show how modern legislation has formalized these traditions. South Africa’s Recognition of Customary Marriages Act of 1998 validates polygamous marriages conducted under traditional customs and gives them equal legal standing with civil marriages. A man already in a customary marriage who wants to marry again must apply to a court for approval of a written contract governing how property will be divided across the existing and future marriages, and the court can reject the application if any wife’s interests would not be adequately protected.3South African Government. Recognition of Customary Marriages Act 120 of 1998
Kenya’s Marriage Act of 2014 defines marriage as the voluntary union of a man and a woman, whether monogamous or polygamous, and presumes that marriages performed under customary or Islamic law are polygamous or potentially polygamous. Parties must register a customary marriage with the Registrar within three months of the ceremony.4Kenya Law. Marriage Act
South and Southeast Asia
Malaysia permits polygamy for Muslim men under its Islamic Family Law, which requires written permission from a Sharia court before a husband can take an additional wife.5Equality Now. Malaysia – Islamic Family Law (Federal Territories) Act 1984
Indonesia allows polygamy under its 1974 Marriage Law but imposes extra restrictions on civil servants. A male civil servant seeking a second marriage must provide proof that the existing marriage has been childless for over ten years or that the first wife has an incurable illness, along with written permission from the first wife and court confirmation that he can support multiple families. Female civil servants are barred from becoming a second wife.
Singapore permits polygamy only for Muslim residents through the Registry of Muslim Marriages, which charges a non-refundable $380 fee and requires an interview with all parties before a religious official decides whether to approve the application.6Ministry of Social and Family Development, Singapore. Muslim Marriage Process – Polygynous Brunei also permits polygamy for Muslim men. Afghanistan and Pakistan round out the region, with both countries allowing up to four wives under their national interpretations of Islamic family law.
The Common Islamic Law Rules
Islamic jurisprudence is the legal backbone of polygamy in most of the countries above. The Quran permits a man to marry up to four wives at the same time, with the condition that he treat each wife with complete fairness. In countries that codify Sharia into family law, courts treat that fairness requirement as a binding legal standard, not an aspiration.
In practice, equal treatment means providing each wife with her own living quarters, comparable financial support, and equivalent time and attention. The UAE requires that Muslim men seeking additional marriages demonstrate the financial capacity to maintain separate households on an equal footing. Courts in many jurisdictions will deny a second marriage petition outright if the husband cannot prove he has the resources, and wives can later bring disputes to family courts if the husband fails to maintain equality after the marriage.
The four-wife limit and the fairness mandate appear in every Muslim-majority country that permits polygamy, but the level of judicial oversight varies. Saudi Arabia and Gulf states have historically relied on religious tribunals with broad discretion. Morocco and Malaysia have layered civil-court procedures on top of the religious framework, adding requirements like financial audits and hearings with the existing wife.
What It Takes to Enter a Second Marriage
Even where polygamy is legal, the process is rarely as simple as showing up with a new partner. Most jurisdictions impose financial and administrative hurdles a husband must clear before a court or religious authority will authorize the marriage.
- Financial proof. Courts typically require documentation showing the husband can maintain separate and equal households, including bank statements, property deeds, and proof of income.
- Judicial authorization. In countries like Morocco, Malaysia, and South Africa, the husband must petition a court. The court evaluates the evidence, interviews the parties, and can deny the petition.
- The existing wife’s input. Morocco’s Family Code requires the court to summon and hear the first wife before deciding, and enforces any clause in her marriage contract that prohibits a second wife.
- Objective justification. Morocco requires the husband to demonstrate an “exceptional and objective justification” for the second marriage; if the court finds that justification lacking, it must deny the petition.
If a Moroccan court does authorize the marriage and the first wife objects strongly enough, she has a path to divorce with full financial rights for herself and her children. The husband must pay the court-determined amount within seven days, or the polygamy authorization is automatically revoked.
Muslim-Majority Countries That Have Banned It
Not every country with a Muslim-majority population permits the practice. Tunisia banned polygamy in 1956, becoming the first Arab country to do so; under its Code of Personal Status, a man who takes a second wife faces up to one year in prison, and a woman who knowingly marries an already-married man faces the same punishment. Turkey criminalized the practice in 1926 as part of Atatürk’s secularist reforms, with penalties of up to five years in prison. Israel banned polygamy for all religious communities in 1959 and criminalized it in 1977.
In Africa, Eritrea outlawed polygamy in 1977 and later imposed prison sentences of six to twelve months for violations. Côte d’Ivoire penalizes the practice with six months to three years in prison. Benin’s penal code also outlaws it while honoring marriages that already existed when the ban took effect. China prohibited polygamy in 1950 and reinforced the ban in its 1980 Marriage Law.
Where Polygamy Is Not Recognized
Every country in Europe and the Americas treats polygamy as illegal, and readers moving between legal systems should not assume a marriage valid in one country carries over into another.
The United Kingdom will consider a polygamous marriage legally valid if the parties were domiciled in a country where polygamy was permitted and the marriage took place in such a country. UK immigration rules, however, prevent a resident from sponsoring more than one spouse for entry. For means-tested social security benefits, a recognized polygamous marriage can result in an award covering more than one spouse, but the newer Universal Credit system does not recognize polygamous marriages at all.7House of Commons Library. Polygamy
Canada draws a harder line. Section 293 of the Criminal Code criminalizes practicing polygamy within Canada regardless of where the marriage was performed, with penalties of up to five years in prison. The law applies to anyone who practices, enters into, or assists with a polygamous union, and it does not require proof of a formal ceremony.8Justice Canada. Criminal Code RSC 1985 c C-46 – Section 293
Australia will not register a polygamous marriage as an Australian marriage. Under the Family Law Act, a polygamous union entered outside Australia is treated as a valid marriage for purposes of family law proceedings, so courts can issue orders on parenting, maintenance, and property division. Partner visa categories, however, require a commitment “to the exclusion of all others,” which blocks recognition in the migration system.
The United States treats polygamy as both a criminal matter and an immigration barrier. Any second marriage entered while a prior marriage is still legally active is void from the start. Under the Immigration and Nationality Act, an immigrant applicant “coming to the United States to practice polygamy” is ineligible for a visa in every immigrant category. Only the first spouse from the first legally valid marriage may receive derivative status; a second or third spouse cannot, though consular officers may use discretion to issue a B-2 tourist visa if the person is otherwise eligible.9U.S. Department of State. 9 FAM 302.12 – Ineligibility Based on Other Activities All 50 states, the District of Columbia, Guam, and Puerto Rico have their own anti-polygamy laws. People moving from countries where polygamy is legal sometimes assume their existing marriages will be recognized. They will not be.