Polygamous Marriages in non-Islamic States
Polygamous marriages are openly on offer in the UK and Canada. Together with an untold number of sharia courts operating in the U.K. and elsewhere, parallel legal systems are emerging in non-Islamic countries.
The U.K. Home Office defines polygamous marriage as ‘when a man has multiple spouses…’ and then goes on to describe when polygamous marriages might legally be recognised in England and Wales [1]. In some cases, UK benefits may be paid (see image) [2]
In Canada, Section 293 of the Criminal Code forbidding polygamy has faced constitutional challenges on the grounds of ‘religious freedom’ [3] - but what does that actually mean? When it comes to Islam this argument could also be applied to slavery as it is only civil law that prevents it, not sharia. It is well known that slavery is still found in many Islamic states for that reason.
Koran 4:3 And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.
Under the pretext of ‘religious freedom’, subsequent challenges to the Canadian Constitution might well include the right to stone adulterers and kill apostates. ‘Religious freedom’ should not require that non-Islamic states amend their statutes or turn a blind eye to the practice of sharia when it contravenes the law of the land.
The question of allowing polygamous marriages for ‘religious’ reasons in North America is nothing new but was firmly rejected by the United States 150 years ago. The Republican Party maintained that “It is the duty of Congress to prohibit in the territories those twin relics of barbarism, polygamy and slavery.” Owing to polygamous marriage amongst members of the ‘Latter Day Saints’ living in Utah – the state was prevented from joining the Union until after the church leader issued a manifesto ending the practice of polygamy in 1890 [4].
And yet today, polygamous marriages are taking place in many non-Islamic countries without consequence and in outright defiance of civil law. In Victoria B.C. an Islamic Centre offers an ‘Islamic OR legal marriage’ and in the U.K., questions posed about registering Islamic marriages are not welcome but the marriages take place nevertheless [5][6].
The UK government acknowledges that ‘Parties to these relationships do not have the same rights as legally married couples, such as access to financial remedies on divorce, or automatic inheritance rights on the death of one of the parties.’ The E.U. has also reported that women are clearly discriminated against and are often under considerable social pressure to accept religious jurisdiction in marital issues, divorce, inheritance and commercial contracts’ [7].
The U.K. report goes on to say that while there are calls to register all marriages it is not possible to register those that are polygamous. This is not a solution. Why not put the onus on those performing marriages to report them all – Islamic or otherwise – so that criminal law regarding polygamous marriage can be enforced? [8]
Where there’s a will, there’s a way. Perhaps it’s the will that’s lacking - and why is that? [9]
SOURCES:
[1] House of Commons Library: https://commonslibrary.parliament.uk/research-briefings/sn05051/
[2] UK Benefits: https://www.gov.uk/government/publications/benefit-and-pension-rates-2023-to-2024/benefit-and-pension-rates-2023-to-2024
[3] Canada: https://www.spectrumfamilylaw.ca/blog/bc/polygamy-laws-in-canada-plus-a-history-possible-loopholes/
[4] Utah: https://archivesnews.utah.gov/2021/05/27/utahs-road-to-statehood-the-obstacle-of-polygamy/
[5] Apply for ‘Legal or Islamic Marriage’ Victoria BC: https://muslimyv.ca/marriage-services
[6] Husain, Ed ‘Among the Mosques: A Journey Across Muslim Britain’ (p. 245, 252) 2021 Bloomsbury
[7] Sharia, the Cairo Declaration and the European Convention of Human Rights (Resolution 2253 2019) https://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=25353
[9] Article: https://perspectivesonislam.substack.com/p/polygamy-and-the-implementation-of
RELEVANT DOCTRINE:
Koran 4:3 https://legacy.quran.com/4/3
Koran 4:11-12 https://legacy.quran.com/4/11-12
Koran 33:50 https://legacy.quran.com/33/50
Hadith (Bukhari 304) https://sunnah.com/bukhari:304
Hadith (Bukhari 2415) https://sunnah.com/bukhari:2415
Hadith (Bukhari 2534) https://sunnah.com/bukhari:2415
Hadith (Ibn Majah 2535) https://sunnah.com/ibnmajah:2535
Hadith (Ibn Majah 2556) https://sunnah.com/ibnmajah:2556