The most comprehensive compilation of information on the status of
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Latest items for POLY-LAW-1

March 5, 2019, 2:35 p.m.
Countries: Malaysia
Variables: POLY-LAW-1

"The law allows polygyny for Muslims, which a small minority of men practiced" (23).
Feb. 18, 2019, 6:48 p.m.
Countries: Rwanda
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1

"In 1999, five years after the genocide, the Parliament of Rwanda passed what is commonly known as the ‘Inheritance and Succession Law’,260 which deals with almost all aspects related to inheritance and succession. Among many provisions, it explicitly grants equal inheritance rights to male and female children, establishes a choice of property regimes upon marriage, and allows a wife to inherit her deceased husband’s property. This law has greatly enhanced property rights for married women; unfortunately, however, it only protects monogamous civil marriages" (91)
Feb. 11, 2019, 7:33 p.m.
Countries: Saudi Arabia
Variables: POLY-LAW-1

"Islamic law provides for detailed and complex calculations of inheritance shares" (164). In Saudi Arabia, polygyny is legal (MAD - CODER COMMENT)
Feb. 11, 2019, 7:29 p.m.
Countries: Senegal
Variables: POLY-LAW-1, POLY-LAW-2

"Title II of the Family Code deals with intestate inheritance rights. The lineage is divided into 'legitimate' heirs, 'natural' heirs and 'joined' heirs. Articles 520-528 specify the possible legitimate descendants and their ranking: the one with the highest degree of consanguinity is always first in line; thus, first the children and their descendants, if any; thereafter the deceased’s ascendants; then collateral parents and, finally, the surviving spouse. In order to inherit her/his full share, a child born out of wedlock must be recognised and accepted by the natural father’s wife, and by all his wives in a polygamous marriage. The inheritance of an unrecognised child is only half that of...more
Feb. 11, 2019, 7:19 p.m.
Countries: Senegal
Variables: POLY-LAW-1, POLY-LAW-2

"Under Islamic law, women in polygamous unions inherit less than those in monogamous marriages, since the eighth share of the man’s property which is allocated to a widow is divided among the wives and the shares allocated to children are divided among all the children of the deceased, with sons receiving twice the share that daughters received" (84). "In practice, most widows interviewed inherited a share of their deceased husband’s property (in the case of polygamous marriages), or owned property in their own right in urban areas. In Muslim families, the process of sharing the deceased’s assets according to Islamic law was usually led by male relatives, sometimes in consultation...more
Feb. 11, 2019, 6:29 p.m.
Countries: Sierra Leone
Variables: IAW-LAW-1, POLY-LAW-1

"The Devolution of Estates Act (2007) provides that men and women have the same inheritance rights in the event of the death of a spouse or a parent, regardless of religious or ethnic identity. The law similarly provides sons and daughters with equal inheritance rights. With regard to marriages with more than one spouse, the Act provides for distribution of the estate among the surviving spouses in proportion to the duration of their respective marriages, accounting for other factors such as any contributions they have made to the estate. Widows cannot be evicted from the home that she shared with her husband; however there remain certain types of property that...more
Feb. 11, 2019, 6:13 p.m.
Countries: Singapore
Variables: POLY-LAW-1, POLY-LAW-2

"Section 8: If any person so dying intestate leaves surviving him more than one wife, such wives shall share among them equally the share that the wife of the intestate would have been entitled to, had the intestate left only one wife surviving him" (para 19)
Feb. 11, 2019, 6:06 p.m.
Countries: Singapore
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1, POLY-LAW-1

"Differences between civil law and Sharia are most evident in matters related to inheritance. Traditionally, across all cultures in Singapore, sons inherited family assets while daughters were expected to marry into another family. This pattern is less common today, as civil law grants equal rights to male and female heirs. By contrast, Islamic law typically continues to favour male heirs" (48)
Feb. 11, 2019, 6:05 p.m.
Countries: Singapore
Variables: POLY-LAW-1

"Following Sharia law, Singapore allows Muslim men to practise polygamy. Men may take as many as four wives, but only if the first wife consents and if permission has been granted by the religious authorities" (48)
Feb. 8, 2019, 4:42 p.m.
Countries: Mali
Variables: POLY-LAW-1

"While the law provides for equal property rights, traditional practices and ignorance of the law prevented women from taking full advantage of their rights. The marriage contract must specify a community-property marriage. Additionally, if marriage certificates of Muslim couples do not specify the type of marriage, judges presume the marriage to be polygynous" (page 22).
Feb. 6, 2019, 6:38 a.m.
Countries: Canada
Variables: POLY-LAW-1

"In 2011, the B.C. Supreme Court upheld the section of the Criminal Code that prohibits polygamy as constitutional and ruled that the harm against women and children from polygamy far outweighs concerns over protecting religious freedom" (para. 17).
Jan. 29, 2019, 9:20 a.m.
Countries: South Africa
Variables: POLY-LAW-1

"Deceased is survived by a spouse or spouses, as well as a descendant/s: Each spouse will inherit R250 000 or a child's share, whichever is the greater and the children the balance of the estate. A child share is determined by dividing the intestate estate through the number of surviving children of the deceased and deceased children who have left issue, plus the number of spouses who have survived such deceased. NOTE: In case of a marriage in community of property, one half of the estate belongs to the surviving spouse or spouses and , although it forms part of the joint estate, will not devolve according to the rules...more
Jan. 29, 2019, 9:10 a.m.
Countries: South Africa
Variables: POLY-LAW-1

"More recently, South Africa, informed by the opinions of women, has also promulgated legislation which recognises the validity of polygamous marriages. The Recognition of Customary Marriages Act recognises polygamous marriages entered into before and after 15 November 2000, when the Act came into operation. Its Constitutional Court in Bhe v Magistrate, Khayelitsha ruled that not only should the wife and children be the primary beneficiaries in a deceased estate, but also that the civil law which regulates intestate succession should be modified to make provision for polygamous marriages. As a result, wives in polygamous marriages whose husband’s die without leaving a valid will inherit in equal shares" (3)more
Jan. 29, 2019, 9:05 a.m.
Countries: South Africa
Variables: POLY-LAW-1

"Each polygynous marriage establishes a separate family or house, with the husband being the common spouse to all the houses or families. The rank of each wife or the order in which she was married plays an important role in polygynous succession...Simple polygynous succession: Here succession is similar to succession in monogamous families. The eldest son (or if he is deceased, his eldest son) of the senior wife succeeds to the status of the deceased. If the eldest son died without any male descendants, the second born son (or his male heirs in order of their birth) of the senior wife succeeds. If the senior house failed to produce any...more
Jan. 28, 2019, 9:36 p.m.
Countries: South Africa
Variables: POLY-LAW-1, POLY-LAW-2

"Polygamous marriages are especially problematical. Customary law allows for polygamous marriages, with no limit on the amount of wives a man may take. In South Africa, polygamous families are divided into separate units or ‘houses,’ with each marriage establishing a new, independent house. Under simple polygamy, the male heir is defined as the first-married wife’s oldest son, or if he is no longer alive, his oldest son. If there are no male descendants of the oldest son, the first wife’s second son is heir, and so on. Without a male heir in the first house, the line of succession moves to the males in the second house; that is, the...more
Jan. 28, 2019, 9:31 p.m.
Countries: South Africa
Variables: POLY-LAW-1

"The rights of widows, including those in a polygamous marriage, are complex. In [South Africa], each widow is entitled with children absolutely (i.e. to the exclusion of other beneficiaries) to her homestead property (property in the house or room she occupies) and the common property (used by all family members) is to be shared between the widows. However, problems arise in the case of common property" (19)
Jan. 28, 2019, 9:26 p.m.
Countries: South Africa
Variables: POLY-LAW-1

"Kenya, South Africa, Zambia and Zimbabwe recognize the inheritance rights of multiple wives" (10)
Jan. 28, 2019, 9:19 p.m.
Countries: South Africa
Variables: POLY-LAW-1

"In non-Christian households, polygamy and levirate practices, which compel a widow to marry one of her late husband’s brothers, limit women’s access to land because women depend on their husbands’ land for their survival. The only right that a widow of a polygamous marriage can claim under customary law is the right of maintenance against the male heir. The male heir is defined as the first-married wife’s oldest son, or if he is no longer alive, his oldest son. If there are no male descendants of the oldest son, the first wife’s second son is heir, and so on. In many cases, the male heir is a person who is...more
Jan. 26, 2019, 3:41 p.m.
Countries: Sudan
Variables: POLY-LAW-1

"Under Islamic family law women have inheritance rights. However, under the rule of ta’seeb, or inheritance by filiation, the share for women and daughters is generally half of that to which men are entitled. Women do not have any rights to inheritance under customary law" (2)
Jan. 26, 2019, 3:33 p.m.
Countries: Sudan
Variables: POLY-LAW-1

"In accordance with Sharia, polygamy is legal in Sudan as is repudiation...Under Sharia, calculations of inheritance shares are detailed and complex" (266)
Jan. 26, 2019, 3:29 p.m.
Countries: Swaziland
Variables: POLY-LAW-1

"In a polygynous Swazi household, the eldest son in each house succeeds in each individual house. If the eldest son in a house is deceased, succession will proceed along the following lines: first all his male descendants will be considered and thereafter his younger brothers and their descendants" (230)
Jan. 26, 2019, 3:16 p.m.
Countries: Swaziland
Variables: POLY-LAW-1, POLY-LAW-2

""A month after the husband’s death, the lusendvo or family council, which consists of the wife’s in-laws, meets to decide upon the heir. The heir (always a male) is chosen according to his mother’s seniority-ranking and status. In polygamous marriages, the eldest son of the highest ranking woman ‘wins’ the status of heir to his father’s estate and is known as inkhosana, or head heir. Widows’ (and thus heirs’) seniority in a polygamous marriage is determined according to the following scheme of preference: 1. A widow of royal blood; 2. A widow who has the same clan name as that of the deceased’s mother. (Such a wife is considered a...more
Jan. 26, 2019, 3:12 p.m.
Countries: Swaziland
Variables: POLY-LAW-1

"The Intestate Succession Act governs distribution of an intestate estate. Under this Act, the widow is entitled to inherit as one of the intestate heirs. If there are any surviving children of the marriage, the widow receives a share in the property that equals each child’s share. Again, we see how Swazi law reduces married women to the legal status of a minor" (136)
Jan. 22, 2019, 9:18 p.m.
Countries: Swaziland
Variables: POLY-LAW-1

"In a polygamous family, when the husband dies, if the first wife has no children, particularly no son, a son from another woman is given to the first wife and is made an heir" (45)
Jan. 22, 2019, 9:02 p.m.
Countries: Tanzania
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1, POLY-LAW-1, POLY-LAW-2

"The statutory deference granted to both customary law and Islamic law in mainland Tanzania is particularly discriminatory toward polygamous co-wives. Under Islamic law, a Muslim man is allowed to marry up to four wives. Contrary to customary law, Islamic law does allow widows and daughters to inherit, although the amounts allotted to each are half that allotted to their male counterparts. Islamic law explicitly provides that widows and daughters only get one-half of the property interest of men in the same familial position. Specifically, widows with children are entitled to one eighth of their spouse’s estate, whereas a widower with children is entitled to one-fourth. A widow without children is...more
Jan. 19, 2019, 4:18 p.m.
Countries: Togo
Variables: POLY-LAW-1

"In the case of a polygamous marriage, goods and chattels in the husband’s main residence are deemed to belong to him; goods and chattels in a secondary residence are deemed to belong to the woman who lives in that residence. In the event of the death of the husband or wife, the couple’s property is liquidated in the same way as in the case of divorce. Where the deceased spouse opted for application of the Code, the surviving spouse is entitled to one quarter of his or her estate" (128)
Jan. 19, 2019, 4:11 p.m.
Countries: Togo
Variables: POLY-LAW-1

"In the case of polygamous marriages, the Personal and Family Code of 31 January 1980 is silent on the legal procedure for administration of property by one of the wives if the husband dies" (64)
Jan. 19, 2019, 4:02 p.m.
Countries: Uganda
Variables: POLY-LAW-1

"Men choose fields for their new wives, often at the expense of their previous wives. Children’s inheritance may depend on their mother’s status at the time of their father’s death" (94-95)
Jan. 19, 2019, 3:41 p.m.
Countries: Uganda
Variables: POLY-LAW-1, POLY-LAW-2

"Second, since statutory law does not recognize polygamy, if statutory law trumps customary law, as is mandated by Ugandan law, only a man's first wife is recognized and has any inheritance rights. Sometimes a husband will try to provide for his other wives by using a secret trust, but there is little to guarantee that his intent will be carried out" (17)
Jan. 19, 2019, 3:24 p.m.
Countries: Uganda
Variables: POLY-LAW-1

"The Marriage and Divorce Bill, 2009: ...Article 128: in polygamous marriages, matrimonial property acquired by the husband and the first wife are owned in common by the husband and the first wife but all subsequent wives take interest only in the husband’s share of property" (para 22)