Latest items for POLY-LAW-1
April 17, 2024, 11:47 a.m.
Countries: Sudan
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Ordained shares of the husband 356. The husband inherits by ordained shares - (a) one-half of the estate, in the absence of an inheriting descendant; at all; (b) one-quarter of the estate in the presence of an inheriting descendant, at all. Ordained shares of the wife 357. (1) The wife inherits by ordained shares- (a) one-quarter of the estate, in the absence of an inheriting descendant, at all; (b) one-eighth, of the estate, in the presence of an inheriting descendant, at all; (2) Where wives are several, the ordained share shall equally be divided among them...Cases of the daughter inheritance 359. The daughter inherits - (a) one-half of the estate...more
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Ordained shares of the husband 356. The husband inherits by ordained shares - (a) one-half of the estate, in the absence of an inheriting descendant; at all; (b) one-quarter of the estate in the presence of an inheriting descendant, at all. Ordained shares of the wife 357. (1) The wife inherits by ordained shares- (a) one-quarter of the estate, in the absence of an inheriting descendant, at all; (b) one-eighth, of the estate, in the presence of an inheriting descendant, at all; (2) Where wives are several, the ordained share shall equally be divided among them...Cases of the daughter inheritance 359. The daughter inherits - (a) one-half of the estate...more
April 16, 2024, 1:50 p.m.
Countries: Tunisia
Variables: IAW-LAW-1, POLY-LAW-1
"Article 101. Deux cas se présentent pour le mari: 1°)il a droit à la moitié en cas d'absence de descendants de l'épouse et de déscendants du fils, même s'ils sont d'un degré inférieur, 2°)il a droit au quart en présence de déscendants de l'épouse ou de déscendants du fils, même s'ils sont d'un degré inférieur, Article 102. Deux cas se présentent quand il y a une ou plusieurs épouses: 1°)le quart est attribué à une ou plusieurs épouses en cas d'absence de descendants du mari ou de déscendants du fils, même s'ils sont d'un degré inférieur, 2°) le huitième seulement leur est attribué en présence de descendants du mari ou...more
Variables: IAW-LAW-1, POLY-LAW-1
"Article 101. Deux cas se présentent pour le mari: 1°)il a droit à la moitié en cas d'absence de descendants de l'épouse et de déscendants du fils, même s'ils sont d'un degré inférieur, 2°)il a droit au quart en présence de déscendants de l'épouse ou de déscendants du fils, même s'ils sont d'un degré inférieur, Article 102. Deux cas se présentent quand il y a une ou plusieurs épouses: 1°)le quart est attribué à une ou plusieurs épouses en cas d'absence de descendants du mari ou de déscendants du fils, même s'ils sont d'un degré inférieur, 2°) le huitième seulement leur est attribué en présence de descendants du mari ou...more
Aug. 23, 2023, 9:51 a.m.
Countries: Indonesia
Variables: LO-LAW-1, POLY-LAW-1
"There shall also be legal community of property in second and further marriages between the spouses, to the extent that no stipulations to the contrary have been made in a prenuptial agreement" (21). The most recent laws noted in the WomanStats Database (since 1847) relating to community of property are still current as of December 2022 and no changes have been made, as verified by consulting the Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Variables: LO-LAW-1, POLY-LAW-1
"There shall also be legal community of property in second and further marriages between the spouses, to the extent that no stipulations to the contrary have been made in a prenuptial agreement" (21). The most recent laws noted in the WomanStats Database (since 1847) relating to community of property are still current as of December 2022 and no changes have been made, as verified by consulting the Women, Business, and the Law database for 2022 (JLR-CODER COMMENT).
Aug. 3, 2023, 1:16 p.m.
Countries: Djibouti
Variables: IAW-LAW-1, POLY-LAW-1
"Two cases arise for the husband: 1°) He is entitled to half if there are no descendants of the wife and descendants of the son, even if they are of a lower degree, 2°) He is entitled to a quarter in the presence of descendants of the wife or descendants of the son, even if they are of a lower degree. Two cases arise when there are one or more wives: 1°) The quarter is allocated to one or more wives in the absence of descendants of the husband or descendants of the son, even if they are of a lower degree, 2°) The eighth only is attributed to them...more
Variables: IAW-LAW-1, POLY-LAW-1
"Two cases arise for the husband: 1°) He is entitled to half if there are no descendants of the wife and descendants of the son, even if they are of a lower degree, 2°) He is entitled to a quarter in the presence of descendants of the wife or descendants of the son, even if they are of a lower degree. Two cases arise when there are one or more wives: 1°) The quarter is allocated to one or more wives in the absence of descendants of the husband or descendants of the son, even if they are of a lower degree, 2°) The eighth only is attributed to them...more
June 29, 2023, 1:38 p.m.
Countries: Indonesia
Variables: POLY-LAW-1
"Article 65 of the Compilation of Islamic Law also provides that in case of divorce, each wife to a polygamous marriage has an equal right to property that was acquired since the time of her marriage, although this guarantee applies only to registered marriages" (8).
Variables: POLY-LAW-1
"Article 65 of the Compilation of Islamic Law also provides that in case of divorce, each wife to a polygamous marriage has an equal right to property that was acquired since the time of her marriage, although this guarantee applies only to registered marriages" (8).
June 12, 2023, 10:09 a.m.
Countries: Turkmenistan
Variables: PW-PRACTICE-3, POLY-LAW-1
"The Committee notes that equal rights of women and men within marriage and family relations are guaranteed in national legislation, including the Family Code and the State Guarantees for Ensuring Equal Rights and Equal Opportunities for Men and Women Act. Nevertheless, it is concerned about the following: (a) The limited measures to enforce the prohibition of polygamy and the lack of data on its prevalence in the State party; (b) The lack of legislative measures to protect the economic rights, including with regard to property, of women in polygamous or de facto unions and upon their dissolution or the death of their spouse or partner" (15). "The Committee... recommends that...more
Variables: PW-PRACTICE-3, POLY-LAW-1
"The Committee notes that equal rights of women and men within marriage and family relations are guaranteed in national legislation, including the Family Code and the State Guarantees for Ensuring Equal Rights and Equal Opportunities for Men and Women Act. Nevertheless, it is concerned about the following: (a) The limited measures to enforce the prohibition of polygamy and the lack of data on its prevalence in the State party; (b) The lack of legislative measures to protect the economic rights, including with regard to property, of women in polygamous or de facto unions and upon their dissolution or the death of their spouse or partner" (15). "The Committee... recommends that...more
May 31, 2023, 3:59 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"In polygamous marriages, the property acquired by the man and his first wife is equally divided between them, if the property was acquired before the man married another wife. Whereas after the marriage with another wife, the property is considered as owned by the man and by wives according to any contributions made by the parties(Matrimonial Property Act, Sec. 8). In addition, any wife have right to hold the matrimonial property with the husband separately from other wife or wives and own it equally with the man without participation of other wife or wives (Matrimonial Property Act, Sec. 8). It serves to safeguard property rights of wives in polygamous marriages....more
Variables: POLY-LAW-1
"In polygamous marriages, the property acquired by the man and his first wife is equally divided between them, if the property was acquired before the man married another wife. Whereas after the marriage with another wife, the property is considered as owned by the man and by wives according to any contributions made by the parties(Matrimonial Property Act, Sec. 8). In addition, any wife have right to hold the matrimonial property with the husband separately from other wife or wives and own it equally with the man without participation of other wife or wives (Matrimonial Property Act, Sec. 8). It serves to safeguard property rights of wives in polygamous marriages....more
April 4, 2023, 12:11 p.m.
Countries: Russia
Variables: PW-PRACTICE-3, POLY-LAW-1
"Polygamy is illegal under Russian federal law. However, it remains permissible in traditional practice for Chechen men. In these circumstances and considering Russian Family Law does not permit the registration of an official partnership, the reassurance of the Chechen leader Mr Kadyrov that all legal norms, religious practices and local traditions had been observed in the case 17-year-old school girl and police chief are irrelevant and lead to the inevitable conclusion that the marriage in question is invalid. This in turn effectively means that the ‘wife’ has no legal rights to seek support from her ‘husband’ or to claim any joint property of the parties or to inherit after her...more
Variables: PW-PRACTICE-3, POLY-LAW-1
"Polygamy is illegal under Russian federal law. However, it remains permissible in traditional practice for Chechen men. In these circumstances and considering Russian Family Law does not permit the registration of an official partnership, the reassurance of the Chechen leader Mr Kadyrov that all legal norms, religious practices and local traditions had been observed in the case 17-year-old school girl and police chief are irrelevant and lead to the inevitable conclusion that the marriage in question is invalid. This in turn effectively means that the ‘wife’ has no legal rights to seek support from her ‘husband’ or to claim any joint property of the parties or to inherit after her...more
March 15, 2023, 2:06 p.m.
Countries: Palestine
Variables: PW-PRACTICE-3, POLY-LAW-1
"Men may marry more than one wife. Women may add conditions to marriage contracts to protect their interests in the event of divorce and child custody disputes but rarely did so. Local officials sometimes advised such women to leave their communities to avoid harassment" (78-79).
Variables: PW-PRACTICE-3, POLY-LAW-1
"Men may marry more than one wife. Women may add conditions to marriage contracts to protect their interests in the event of divorce and child custody disputes but rarely did so. Local officials sometimes advised such women to leave their communities to avoid harassment" (78-79).
Feb. 24, 2023, 12:54 p.m.
Countries: Nepal
Variables: POLY-LAW-1
"In order to make legal reforms to invalidate polygamy, provide equal rights of women to inheritance, and equal rights to share all marital property even upon dissolution of marriage, an Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-based Violence, 2015, has amended the provisions of the chapter on husband and wife, inheritance, partition, women’s share and property, and marriage of the General Code, 1963 to strike discriminatory provision on marriage and family relations." (22-23).
Variables: POLY-LAW-1
"In order to make legal reforms to invalidate polygamy, provide equal rights of women to inheritance, and equal rights to share all marital property even upon dissolution of marriage, an Act to Amend Some Nepal Acts to Maintain Gender Equality and End Gender-based Violence, 2015, has amended the provisions of the chapter on husband and wife, inheritance, partition, women’s share and property, and marriage of the General Code, 1963 to strike discriminatory provision on marriage and family relations." (22-23).
Jan. 18, 2023, 5:07 p.m.
Countries: Ghana
Variables: POLY-LAW-1
"'Where a husband has more than one wife in a polygamous marriage, the ownership of property shall be determined as follows: (a) Joint property acquired in the first marriage and before the second marriage was contracted is owned by the husband and the first wife; and (b)Any joint property acquired after the second marriage is owned by the husband and the co-wives and the same principle is applicable to a subsequent marriage'. This is a better formulae in dealing with property settlement in a polygamous marriage in several respects. It ensures that a woman who is a second, third or fourth wife and has not been married to the husband...more
Variables: POLY-LAW-1
"'Where a husband has more than one wife in a polygamous marriage, the ownership of property shall be determined as follows: (a) Joint property acquired in the first marriage and before the second marriage was contracted is owned by the husband and the first wife; and (b)Any joint property acquired after the second marriage is owned by the husband and the co-wives and the same principle is applicable to a subsequent marriage'. This is a better formulae in dealing with property settlement in a polygamous marriage in several respects. It ensures that a woman who is a second, third or fourth wife and has not been married to the husband...more
Sept. 16, 2022, 6:11 p.m.
Countries: Bangladesh
Variables: POLY-LAW-1
"Bangladesh law dictates that property inheritance amongst Muslims must be in accordance with Muslim Sharia law...A widowed wife will inherit one-quarter of her deceased husband’s property if she has no children. If there are children, she will inherit one eighth of his property. If there is more than one wife, they will still only collectively inherit one-eighth of the property. Meaning, if there is one wife, her share will be one-eighth. If there are two wives, they each inherit one-sixteenth. If there are three wives then they each inherit one-third of one-eighth and so on. A widowed husband with children, on the other hand will inherit a quarter of his...more
Variables: POLY-LAW-1
"Bangladesh law dictates that property inheritance amongst Muslims must be in accordance with Muslim Sharia law...A widowed wife will inherit one-quarter of her deceased husband’s property if she has no children. If there are children, she will inherit one eighth of his property. If there is more than one wife, they will still only collectively inherit one-eighth of the property. Meaning, if there is one wife, her share will be one-eighth. If there are two wives, they each inherit one-sixteenth. If there are three wives then they each inherit one-third of one-eighth and so on. A widowed husband with children, on the other hand will inherit a quarter of his...more
Jan. 6, 2022, 12:09 p.m.
Countries: Somalia
Variables: POLY-LAW-1
"All women have equal rights to the inheritance. If he has 3 wives, his inheritance will be distributed equally. Polygyny is not illegal therefore the inheritance will be distrubed equally" (1).
Variables: POLY-LAW-1
"All women have equal rights to the inheritance. If he has 3 wives, his inheritance will be distributed equally. Polygyny is not illegal therefore the inheritance will be distrubed equally" (1).
March 2, 2020, 11:24 a.m.
Countries: Cote D'Ivoire
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1, POLY-LAW-1
"A Loboguiguia, au sein d’une famille polygame, les enfants de sexe masculin accèdent à la terre par la mère. En effet c’est la parcelle sur laquelle travaille ou a travaillé la mère qui fera l’objet de partage entre les fils de cette mère. Les enfants de sexe féminin, de manière générale sont exclues du partage d’héritage mais peuvent bénéficier de prêt de parcelles pour éventuellement cultiver du vivrier. Si la femme n’a pas eu d’enfant avec son mari, en cas de décès de ce dernier, elle perd totalement tous les droits sur la parcelle qu’elle exploite si elle retourne dans sa famille ou si elle se remarie hors de la...more
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1, POLY-LAW-1
"A Loboguiguia, au sein d’une famille polygame, les enfants de sexe masculin accèdent à la terre par la mère. En effet c’est la parcelle sur laquelle travaille ou a travaillé la mère qui fera l’objet de partage entre les fils de cette mère. Les enfants de sexe féminin, de manière générale sont exclues du partage d’héritage mais peuvent bénéficier de prêt de parcelles pour éventuellement cultiver du vivrier. Si la femme n’a pas eu d’enfant avec son mari, en cas de décès de ce dernier, elle perd totalement tous les droits sur la parcelle qu’elle exploite si elle retourne dans sa famille ou si elle se remarie hors de la...more
Feb. 22, 2020, 11:47 p.m.
Countries: Cameroon
Variables: IW-LAW-1, POLY-LAW-1
"Le mariage traditionnel est en effet indissoluble, et il n'est même pas dissous par le décès de l'époux. À la mort du chef de lignage, le système successoral commande la désignation d'un héritier coutumier qui va véritablement continuer la personne du de cujus. En accaparant tous les biens, il assume aussi les mêmes obligations qu'avait son auteur envers ses épouses. C'est ainsi que les veuves n'avaient pas de crainte quant à leur situation matérielle et matrimoniale. La pratique systématique du lévirat leur permettait de se prémunir contre l'incertitude des lendemains du décès de leur partenaire" (554-555). Translation: The traditional marriage is indissoluble, it is not even dissolved with the spouse's...more
Variables: IW-LAW-1, POLY-LAW-1
"Le mariage traditionnel est en effet indissoluble, et il n'est même pas dissous par le décès de l'époux. À la mort du chef de lignage, le système successoral commande la désignation d'un héritier coutumier qui va véritablement continuer la personne du de cujus. En accaparant tous les biens, il assume aussi les mêmes obligations qu'avait son auteur envers ses épouses. C'est ainsi que les veuves n'avaient pas de crainte quant à leur situation matérielle et matrimoniale. La pratique systématique du lévirat leur permettait de se prémunir contre l'incertitude des lendemains du décès de leur partenaire" (554-555). Translation: The traditional marriage is indissoluble, it is not even dissolved with the spouse's...more
Feb. 22, 2020, 10:50 p.m.
Countries: Burkina Faso
Variables: POLY-LAW-1
"The surviving spouse is among the intestate heirs, entitled to a share varying according to whether or not there are descendants (Arts. 742-744). In case of polygamy, the same rules apply, and the surviving wives divide the widow’s share (Art. 745)" (44)
Variables: POLY-LAW-1
"The surviving spouse is among the intestate heirs, entitled to a share varying according to whether or not there are descendants (Arts. 742-744). In case of polygamy, the same rules apply, and the surviving wives divide the widow’s share (Art. 745)" (44)
Jan. 31, 2020, 2:21 p.m.
Countries: Ghana
Variables: POLY-LAW-1
"Most of the women who complain of being denied inheritance rights are second or third wives in polygamous marriages. The problem is that only the first wife is recognised for the purposes of the Intestate Succession Law" (62). "Polygyny in patrilineal societies complicates matters. In the case of children born of the same mother, each child generally inherits. Children born out of wedlock may also inherit, provided the father acknowledged paternity before he died. If the children are born of more than one wife, then the eldest child of each mother receives a share, these shares then being subdivided among the younger siblings" (67)
Variables: POLY-LAW-1
"Most of the women who complain of being denied inheritance rights are second or third wives in polygamous marriages. The problem is that only the first wife is recognised for the purposes of the Intestate Succession Law" (62). "Polygyny in patrilineal societies complicates matters. In the case of children born of the same mother, each child generally inherits. Children born out of wedlock may also inherit, provided the father acknowledged paternity before he died. If the children are born of more than one wife, then the eldest child of each mother receives a share, these shares then being subdivided among the younger siblings" (67)
Jan. 31, 2020, 2:21 p.m.
Countries: Ghana
Variables: POLY-LAW-1
"Polygyny in patrilineal societies complicates matters. In the case of children born of the same mother, each child generally inherits. Children born out of wedlock may also inherit, provided the father acknowledged paternity before he died. If the children are born of more than one wife, then the eldest child of each mother receives a share, these shares then being subdivided among the younger siblings" (67)
Variables: POLY-LAW-1
"Polygyny in patrilineal societies complicates matters. In the case of children born of the same mother, each child generally inherits. Children born out of wedlock may also inherit, provided the father acknowledged paternity before he died. If the children are born of more than one wife, then the eldest child of each mother receives a share, these shares then being subdivided among the younger siblings" (67)
Jan. 31, 2020, 2:01 p.m.
Countries: Ghana
Variables: POLY-LAW-1
"Polygamy has serious and grave implications when it comes to distribution of property upon the death intestate of a man with multiple wives...[The Intestate Succession Law, PNDC Law 111] is silent on multiple wives. The issue then is where there is one matrimonial home in the name of the deceased husband, do all his wives have a share in the one house, or is it the wife living with him in that house who is entitled to it? Children of other wives or from previous relationships, are all children of the deceased, and the issue is are they all entitled to a share of the matrimonial home? The Courts are...more
Variables: POLY-LAW-1
"Polygamy has serious and grave implications when it comes to distribution of property upon the death intestate of a man with multiple wives...[The Intestate Succession Law, PNDC Law 111] is silent on multiple wives. The issue then is where there is one matrimonial home in the name of the deceased husband, do all his wives have a share in the one house, or is it the wife living with him in that house who is entitled to it? Children of other wives or from previous relationships, are all children of the deceased, and the issue is are they all entitled to a share of the matrimonial home? The Courts are...more
Jan. 31, 2020, 1:52 p.m.
Countries: Ghana
Variables: POLY-LAW-1
"Although customary marriages and polygamy are recognized in Ghana, statutory law on marital property does not apply to these marriages" (10)
Variables: POLY-LAW-1
"Although customary marriages and polygamy are recognized in Ghana, statutory law on marital property does not apply to these marriages" (10)
Jan. 31, 2020, 12:37 p.m.
Countries: Guinea-Bissau
Variables: POLY-LAW-1
"Polygamy remains a common practice. Concerning inheritance, customary law applied by certain ethnic groups is particularly discriminatory against women, allowing inheritance only from father to son" (2).
Variables: POLY-LAW-1
"Polygamy remains a common practice. Concerning inheritance, customary law applied by certain ethnic groups is particularly discriminatory against women, allowing inheritance only from father to son" (2).
Jan. 31, 2020, 10:41 a.m.
Countries: India
Variables: POLY-LAW-1, POLY-LAW-2
"Polygamy (one person being married to more than one other person) is illegal for all groups in India, except for Muslim men (and some tribals, depending on their customs), who are legally permitted to have multiple wives. Hindu and Christian bigamous wives do not have the same rights that a legal wife would have to her husband’s property. Muslim women, regardless of which chronological wife they are, have the right to maintenance and their husband’s property upon his death. All Muslim wives, regardless of the number, share 1/4 (if there are no children) or 1/8 (if there are children) of their husband’s estate equally among themselves" (37-38). "Despite that polygamy...more
Variables: POLY-LAW-1, POLY-LAW-2
"Polygamy (one person being married to more than one other person) is illegal for all groups in India, except for Muslim men (and some tribals, depending on their customs), who are legally permitted to have multiple wives. Hindu and Christian bigamous wives do not have the same rights that a legal wife would have to her husband’s property. Muslim women, regardless of which chronological wife they are, have the right to maintenance and their husband’s property upon his death. All Muslim wives, regardless of the number, share 1/4 (if there are no children) or 1/8 (if there are children) of their husband’s estate equally among themselves" (37-38). "Despite that polygamy...more
Jan. 30, 2020, 10:11 p.m.
Countries: Indonesia
Variables: CUST-LAW-1, IAW-PRACTICE-1, POLY-LAW-1
"In Bali, women are often tricked into polygamous marriages, he said, with their husbands-to-be lying to them about being unmarried until they’re brought home to find several other wives already living there. Yet women often stay in these marriages because they would lose everything if they divorced. According to Balinese customary law, a husband retains possession of all inheritance, property and, most devastatingly, children" (para 10)
Variables: CUST-LAW-1, IAW-PRACTICE-1, POLY-LAW-1
"In Bali, women are often tricked into polygamous marriages, he said, with their husbands-to-be lying to them about being unmarried until they’re brought home to find several other wives already living there. Yet women often stay in these marriages because they would lose everything if they divorced. According to Balinese customary law, a husband retains possession of all inheritance, property and, most devastatingly, children" (para 10)
Jan. 30, 2020, 10:05 p.m.
Countries: Iran
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Article 901 - A share of one - eight belongs to the wife or wives, provided that the deceased husband has left children" (para 901)."Article 907 - If there are several children, but all are sons or all daughters, the estate will be divided equally among them. If there are several children and some are sons and some are daughters, each son takes twice as much as each daughter" (para 907)
Variables: IAW-LAW-1, IAD-LAW-1, POLY-LAW-1
"Article 901 - A share of one - eight belongs to the wife or wives, provided that the deceased husband has left children" (para 901)."Article 907 - If there are several children, but all are sons or all daughters, the estate will be divided equally among them. If there are several children and some are sons and some are daughters, each son takes twice as much as each daughter" (para 907)
Jan. 30, 2020, 8:59 p.m.
Countries: Kazakhstan
Variables: POLY-LAW-1
"Legalization of polygamy is brought up for discussion from time to time in our country. The is a reasons for it. There are more women in Kazakhstan than men. This means that many women are unable to find husbands and have to stay lonely and miserable. Where as those who get into relationships with married men, are in disadvantageous legal situation, because they are not lawful wives and they and their children have no inheritance rights. This happens because our law states that a person can't marry if he is already lawfully married to someone," [Kazakhstan’s former Vice-Minister of Agriculture of Marat Tolibayev] said" (para 2)
Variables: POLY-LAW-1
"Legalization of polygamy is brought up for discussion from time to time in our country. The is a reasons for it. There are more women in Kazakhstan than men. This means that many women are unable to find husbands and have to stay lonely and miserable. Where as those who get into relationships with married men, are in disadvantageous legal situation, because they are not lawful wives and they and their children have no inheritance rights. This happens because our law states that a person can't marry if he is already lawfully married to someone," [Kazakhstan’s former Vice-Minister of Agriculture of Marat Tolibayev] said" (para 2)
Jan. 30, 2020, 8:51 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"40. Where intestate was polygamous (1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children. (2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38" (21)
Variables: POLY-LAW-1
"40. Where intestate was polygamous (1) Where an intestate has married more than once under any system of law permitting polygamy, his personal and household effects and the residue of the net intestate estate shall, in the first instance, be divided among the houses according to the number of children in each house, but also adding any wife surviving him as an additional unit to the number of children. (2) The distribution of the personal and household effects and the residue of the net intestate estate within each house shall then be in accordance with the rules set out in sections 35 to 38" (21)
Jan. 30, 2020, 8:40 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"The Law of Succession Act Cap 160, treats a woman married in a polygamous marriage as a wife even though her husband was previously, or later, married under a monogamous marriage. Thus, the Law of Succession appears to treat polygamous and monogamous marriages equally. It also acknowledges the conversion of a polygamous marriage into a monogamous one. It has been argued that the principle should be applied during the lifetime of a man in order to confer the rights to the woman" (47)
Variables: POLY-LAW-1
"The Law of Succession Act Cap 160, treats a woman married in a polygamous marriage as a wife even though her husband was previously, or later, married under a monogamous marriage. Thus, the Law of Succession appears to treat polygamous and monogamous marriages equally. It also acknowledges the conversion of a polygamous marriage into a monogamous one. It has been argued that the principle should be applied during the lifetime of a man in order to confer the rights to the woman" (47)
Jan. 30, 2020, 8:37 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"In a landmark decision the Court of Appeal sitting in Eldoret, cited Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women, in a decision to justify awarding daughters of a polygamous man (married under customary law) who had died intestate equal shares in his property” (7)
Variables: POLY-LAW-1
"In a landmark decision the Court of Appeal sitting in Eldoret, cited Article 1 of the Convention on the Elimination of All Forms of Discrimination Against Women, in a decision to justify awarding daughters of a polygamous man (married under customary law) who had died intestate equal shares in his property” (7)
Jan. 30, 2020, 7:44 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"While Kenya recognizes both polygamous and monogamous marriages, only women in monogamous marriages have even minimal protection of their property rights in marriage and at divorce. Polygamous unions for Muslims are governed under the Mohammedan Marriage, Divorce and Succession Act and those performed under custom are handled under the individual community's customary laws" (17)
Variables: POLY-LAW-1
"While Kenya recognizes both polygamous and monogamous marriages, only women in monogamous marriages have even minimal protection of their property rights in marriage and at divorce. Polygamous unions for Muslims are governed under the Mohammedan Marriage, Divorce and Succession Act and those performed under custom are handled under the individual community's customary laws" (17)
Jan. 30, 2020, 7:42 p.m.
Countries: Kenya
Variables: POLY-LAW-1
"Because Kenya lacks statutory guidance on the division of matrimonial property at divorce, women often must leave marriages, including abusive or polygamous unions, with nothing but the clothes on their backs" (2)
Variables: POLY-LAW-1
"Because Kenya lacks statutory guidance on the division of matrimonial property at divorce, women often must leave marriages, including abusive or polygamous unions, with nothing but the clothes on their backs" (2)