The most comprehensive compilation of information on the status of
women in the world.

Latest items for POLY-LAW-1

Nov. 2, 2018, 10:29 p.m.
Countries: Chad
Variables: POLY-LAW-1

"Polygamy was not officially recognized by the State, the second spouse would have no legal status" (para 92)
Nov. 2, 2018, 10:18 p.m.
Countries: Central African Rep
Variables: POLY-LAW-1

“In a situation of polygamy, each wife is entitled to equal treatment, but this equality is difficult to enforce in practice. Polygamy gives rise to various economic and social consequences in families, including jealousy between wives, unequal distribution of matrimonial property, inheritance problems and domestic squabbling, which may have a negative impact on children” (38)
Nov. 2, 2018, 10:10 p.m.
Countries: Cameroon
Variables: POLY-LAW-1

"Dans le foyer polygamique, les problèmes peuvent se multiplier par le nombre de femmes. En cas de controverses autour de la succession, les veuves se livrent des batailles, généralement par le biais de leurs enfants" (para 8). Rough translation: If there are multipe spouses, inheritance is not easy, the problems may be multiplied with the number of wives. In case of conflict about succession, the wives fight with each other normally usingtheir children (LAR - CODER COMMENT)
Nov. 2, 2018, 10 p.m.
Countries: Cameroon
Variables: POLY-LAW-1

"The Civil Code takes neither the nature nor the origin of property into consideration to regulate succession. Children or their descendants succeed to the estate of their father and mother, grandfathers, grandmothers or other ascendants without regard to gender, primogeniture or whether they are the product of different marriages. Sons and daughters of the deceased succeed to the estate in equal shares and by heads. They inherit per stirpes if they are in whole or in part descendants of a pre-deceased child (art. 745 of the Civil Code)"(37). "There is no domestic legislation that organizes marital laws, including in the context of property management. Polygamy is provided for as a...more
Nov. 2, 2018, 9:36 p.m.
Countries: Burundi
Variables: POLY-LAW-1

“Quiconque, étant engagé dans les liens du mariage, en aura contracté un ou plusieurs autres, avant la dissolution du précédent, sera, puni du chef de polygamie ou de polyandrie, d’une servitude pénale de six mois à deux ans et d’une amende de vingt mille francs à cent mille francs. En aucun cas le conjoint dans une telle union ne peut être considéré comme personnage à charge au sens de la législation fiscale, sociale ou administrative” (116). Translation: Anyone who has enterred into marriage, and enters into another one or more, without the dissolution of the first marriage, will be punished on the account of polygamy or polyandry, to a sentence...more
Nov. 2, 2018, 9:27 p.m.
Countries: Burundi
Variables: POLY-LAW-1

"En particulier, de nombreuses inégalités aujourd’hui interprétées comme « coutumières » reposent en réalité sur des restructurations sociales récentes. En tout état de cause, une lacune certaine du droit burundais est l’absence d’un droit des successions codifié. Ce domaine juridique est renvoyé à la coutume qui – selon la jurisprudence des tribunaux en la matière – exclut les femmes de l’héritage. La marginalisation de ces dernières est aujourd’hui d’autant plus problématique que de nombreuses veuves de guerre et femmes rapatriées seules depuis l’étranger peinent à faire valoir leur droit à une terre” (5). Translation: In particular, numerous inequalities that are interpreted as “customary” are based on recent social restructurations. In...more
Nov. 2, 2018, 9:07 p.m.
Countries: Burkina Faso
Variables: POLY-LAW-1

"With regard to inheritance, widows are entitled to inherit property, but those in rural areas regularly face discrimination. In urban areas, inheritance law applies only to civil marriages celebrated according to the family code; most couples live in concubinage or have married under common law, which means the surviving spouse has no legal rights" (200). Since polygamy is illegal in Burkina Faso, concubinage may be referring to couples living in polygamous situations (MAD - CODER COMMENT)
Nov. 2, 2018, 8:58 p.m.
Countries: Burkina Faso
Variables: POLY-LAW-1

"Burkina Faso, the Persons and Family Code 1990 promulgates a system of “out of community of property” for polygamous marriages, but “in community of property” for monogamous marriages" (214)
Nov. 2, 2018, 8:43 p.m.
Countries: Burkina Faso
Variables: POLY-LAW-1

“Lorsque le défunt était marié sous le régime de la polygamie, la dévolution de la succession aux épouses se fait conformément aux dispositions de la présente section. Cependant, le partage sera fait par souche, l'ensemble des épouses étant considéré comme une souche” (73). Translation: When the deceased was married under the polygamous matrimonial regime, the devolution of the succession to the wives is regulated according to the following provisions. Nevertheless, the distribution will be determined by the family branch, the ensemble of the wives is considered as one branch (LAR – CODER COMMENT). There is no direct translation of « souche » in the context of inheritance law. It describes...more
Nov. 2, 2018, 8:21 p.m.
Countries: Burkina Faso
Variables: POLY-LAW-1

"Under the Individual and Family Code couples living in polygamous unions have the same rights and each wife forms a household with the husband and so can claim equality of treatment with the other wives" (45)
Nov. 2, 2018, 7:22 p.m.
Countries: Bhutan
Variables: POLY-LAW-1

“GA 8-34 Rules governing inheritance when a husband with several wives dies. If a man who has marries two or more wives, all of whom stay together in one joint family dies, then, the properties of the deceased shall be inherited by all the wives and the children. And if there are any outstanding debts of the deceased, then all the wives and children who have attained the age of eighteen years shall be liable for them. At the time of partitioning the said properties, movable and immovable, on equal portion shall be given to each of the wives and the children who have attained the age of eighteen years...more
Nov. 2, 2018, 7:10 p.m.
Countries: Benin
Variables: POLY-LAW-1

"Unmarried women have the right to administer property without the intervention or consent of a man. Married women, too, have this right. But in some cases the husband intervenes in order to help his wife. Widows sometimes meet with difficulties in the enjoyment of this right. The deceased husband's family generally has a say about the property he leaves behind and will often try to take the widow's place in administering it. When approving family council records, courts endeavour to guarantee the widow's right to administer her late husband's property and act as the guardian of her minor children. If the marriage was polygamous, it is difficult to entrust the...more
Nov. 2, 2018, 6:57 p.m.
Countries: Benin
Variables: POLY-LAW-1

"In other words, the conflicts that the distribution of estates has caused in most families in Benin are largely connected with the enviable position that the first son seems to occupy in the scheme of things. The first son’s rights to the wealth of his late father have been seen by his younger brothers as merely accidental, and they argued that they should not be denied access to shares in their father’s wealth and estate" (98)
Nov. 2, 2018, 6:51 p.m.
Countries: Benin
Variables: POLY-LAW-1

"The practice of Urho (inheritance through the different wives’ children) system is now more prominent and practicable" (99)
Nov. 2, 2018, 6:50 p.m.
Countries: Benin
Variables: POLY-LAW-1

"With regard to inheritance, the first son (Omodion, the heir apparent) inherits his father’s house, and the other wealth of the deceased father is shared or distributed in a descending order among the senior sons of the wives. They in turn are responsible for giving part of their shares to others with whom they are full siblings. The head of the extended family supervises the distribution of these properties or wealth. In Benin culture, no one has a right to disinherit his sons" (97)
Nov. 2, 2018, 6:49 p.m.
Countries: Benin
Variables: POLY-LAW-1

"A wife does not inherit her husband’s property, but Benin custom approves of the husband’s inheritance of his wife’s" (94)
Nov. 2, 2018, 6:27 p.m.
Countries: Bangladesh
Variables: POLY-LAW-1

"Inheritance practices also follow religious teachings. According to Islamic law, daughters inherit half as much as sons. In the absence of a son, daughters can inherit only after the settling of all debts and other obligations. In principle, wives are entitled to half of the assets of a deceased husband. Under Hindu law, a widow inherits the same share as a son. For Christians, the Succession Act of 1925 provides equal inheritance between sons and daughters" (180)
Nov. 2, 2018, 6:18 p.m.
Countries: Bangladesh
Variables: POLY-LAW-1

"The distribution of property of a deceased Muslim person is made according to the principle that within the limits of each class of heirs, the nearer in degree excludes the more remote. While Muslim women have the right to inherit in Bangladesh, many women forgo that right in exchange for naior, a right to visit her parents once or twice year. The Dayabhaga school governs the system of inheritance for Hindus in Bangladesh. A Hindu woman’s inheritance rights in Bangladesh are virtually non-existent. Under the Dayabhaga law, the right to inherit arises on the heirs capacity to confer salvation to the souls of the paternal and maternal ancestors through those...more
Nov. 2, 2018, 6:09 p.m.
Countries: Bahrain
Variables: POLY-LAW-1

"Sharia law provides guidelines for calculating inheritance shares" (142)
Nov. 2, 2018, 5:57 p.m.
Countries: Bahrain
Variables: POLY-LAW-1

"Inheritance is a guaranteed right governed by the Islamic Shari’a" (5)
Nov. 2, 2018, 5:42 p.m.
Countries: Afghanistan
Variables: POLY-LAW-1

"Article 2058: Illegitimate and denied child shall be entitled to inherit from the mother and her relatives. Similarly, the mother and her relatives shall be entitled to inherit from illegitimate and denied child, but father and his relatives may not inherit from the mentioned children" (275)
Oct. 30, 2018, 10:55 a.m.
Countries: Afghanistan
Variables: POLY-LAW-1

"Article 2007: ... (2) Wife - even though in the reversible divorce, if the husband dies during her time of waiting - or wives, if they do not have children or male children, even in lower degrees, shall be entitled to one fourth of the inheritance and if they have children or male children, even in lower degrees, they shall be entitled to one eighth of the inheritance" (267). "Article 2006: If there is one child from the same mother, son or daughter, his/her share shall be one sixth and if they are several, their shares shall be one third. Male and female of them shall receive an equal part...more
Oct. 22, 2018, 9:31 p.m.
Countries: Iran
Variables: PW-PRACTICE-1, POLY-LAW-1

"The law does not grant temporary wives and any resulting children rights associated with traditional marriage, but the contract is enforceable, and recognized children can obtain documentation and have limited rights" (para 156)
Oct. 18, 2018, 11:28 a.m.
Countries: Angola
Variables: POLY-LAW-1

"The succession provisions of Angola’s Civil Code allow for testamentary disposition of property in accordance with the testator’s wishes. Intestate provisions grant property to surviving spouses and children equally. As a matter of practice, however, daughters may not inherit land or will inherit a smaller amount than sons" (11)
Oct. 18, 2018, 11:10 a.m.
Countries: Angola
Variables: POLY-LAW-1

"Thus, many factors make a widow’s and her children’s inheritance insecure. These include the age of the widow, whether the widow came from the same village as that of her husband’s, whether or not she had children, the age of the children, and acceptance of the children by the in-laws" (16). Children of Widows, Divorcees, and Those in Polygynous Relationships: Given the precarious land and property rights of women in general, and widows/divorcees, and those in polygynous relationships in particular, land rights of children of the latter groups of women remain very precarious as well and depend upon the husband’s acceptance of the children" (32)
Oct. 18, 2018, 10:54 a.m.
Countries: Algeria
Variables: POLY-LAW-1, POLY-LAW-2

"According to Sharia law, in general, the share women inherit is half that of men" (142-143).
Oct. 18, 2018, 10:43 a.m.
Countries: Algeria
Variables: POLY-LAW-1

"Sharia law applies in the event of inheritance, as governed by the Family Code. In general, a woman is entitled to the equivalent of half her brother’s (or relevant male relative) share" (para 10)
Oct. 18, 2018, 10:29 a.m.
Countries: Algeria
Variables: POLY-LAW-1

"[I]nheritance law is still governed by Shari‘a" (14)
Oct. 18, 2018, 9:40 a.m.
Countries: Afghanistan
Variables: POLY-LAW-1, POLY-LAW-2

"Women’s right to inheritance in Afghanistan may vary, depending on whether they fall under Islamic and customary law. Under Islamic law, women may inherit from their parents, husbands or children, and, under certain conditions, from other family members. However, their share is always smaller than that to which men are entitled. This is commonly justified by the argument that women have no financial responsibility towards their husbands and children. Under customary law, women do not inherit from their fathers or husbands, but are taken into the care of the husband’s family" (180)
Oct. 18, 2018, 9:27 a.m.
Countries: Afghanistan
Variables: POLY-LAW-1, POLY-LAW-2

"While civil law grants women the right to inherit land, few women, especially daughters, inherit in practice. Under Shari’a law women have rights to inherit both as daughters and as widows, however, divorced women enjoy no rights to their husbands’ property. Widows are to receive one-eighth of the property or one-fourth if they have no children. Where the marriage was polygamous, this proportion is shared among all the wives. The provision for widows is the priority" (27). "Widows, particularly those living in separate households (i.e. not with other related families), more readily receive their share of the land. Still, these widows often transfer the land into their sons’ names to...more