The most comprehensive compilation of information on the status of
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Latest items for POLY-LAW-2

April 22, 2019, 7:33 a.m.
Countries: United Arab Emirates
Variables: POLY-LAW-2

"The law permits a man to have as many as four wives" (p. 25).
Feb. 18, 2019, 7:08 p.m.
Countries: Rwanda
Variables: PW-LAW-1, POLY-LAW-2

"The Inheritance and marital property law only applies to registered legal marriages, excluding customary and polygamous marriages. Most marriages in Rwanda are not registered and, as such, women, particularly co-wives in polygamous marriages, do not enjoy inheritance rights in practice" (1-2)
Feb. 18, 2019, 7:04 p.m.
Countries: Rwanda
Variables: PW-LAW-1, POLY-LAW-2

"Common law and polygamous marriages are not recognized; thus, common law wives and junior wives in polygamous marriages do not receive the marital rights granted in the Constitution or the Succession Law" (120)
Feb. 18, 2019, 6:50 p.m.
Countries: Rwanda
Variables: PW-LAW-1, PW-DATA-1, POLY-LAW-2

"Polygynous marriages are rare in Rwanda, but are still practiced to some extent, especially in the northern, rural parts of the country. As civil law does not recognise polygynous marriages either, women in such unions are also unprotected by the law" (91)
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, 6:58 p.m.
Countries: Senegal
Variables: POLY-LAW-2

"Parties to a polygamous marriage may choose between the 'dote' regime and a 'separation of property' system: Under the 'dote' regime the husband is the sole owner and administrator of the marriage property, and the only property at a wife’s personal disposal for the duration of the marriage is her dowry. Under the 'separation of property' system, each spouse maintains ownership of the property he or she brought into the marriage or acquires during the subsistence of the marriage. However, the husband may designate personal property acquired by him during the marriage (and thus considered his) as belonging to a particular spouse; the designated property then becomes that spouse’s property...more
Feb. 11, 2019, 6:49 p.m.
Countries: Sierra Leone
Variables: ATDW-LAW-1, IAW-PRACTICE-1, POLY-LAW-2

"Women face the risk of losing control over the land when their husband dies or if they divorce. Male children from the marriage inherit the land but if there are no children and if a woman remarries into her late husband’s family, she can continue to cultivate the land. A woman who returns to her patrilineal family regains her rights to land for cultivation from the male head of her family" (para 2)
Feb. 11, 2019, 6:42 p.m.
Countries: Sierra Leone
Variables: IAW-LAW-1, POLY-LAW-2

"Under customary law, a woman cannot inherit her deceased husband’s property" (para 13).
Feb. 11, 2019, 6:31 p.m.
Countries: Sierra Leone
Variables: POLY-LAW-2

"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. 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" (3)
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)
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. 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. 25, 2019, 9:57 p.m.
Countries: Israel
Variables: PW-PRACTICE-3, POLY-LAW-2

"Polygamy and bigamy persist and are legitimized under religious laws governing personal status, including the possibility of retroactive annulation of a divorce even when the former spouses have remarried, which has negative consequences for women" (pg. 17).
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, 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. 17, 2019, 10:35 p.m.
Countries: Zambia
Variables: POLY-LAW-1, POLY-LAW-2

"Notwithstanding section five where the intestate is survived by more than one widow or a child from any of them, then, each widow or her child or both of them shall be entitled- (a) absolutely to the homestead property of the intestate; and (b) in equal shares to the common property of the intestate" (8)
Jan. 17, 2019, 10:28 p.m.
Countries: Zambia
Variables: POLY-LAW-1, POLY-LAW-2

"The property distribution scheme is as follows: Twenty percent of the estate passes to the surviving spouse. If there is more than one widow, the 20 percent is shared among them, in proportion to the duration of their respective marriages to the deceased. When dividing the property among multiple widows, a number of other factors may be taken into account, including each widow’s contribution to the estate" (147). "In a polygamous marriage, the widows and their children are absolutely entitled to the personal chattels she and the deceased used, and to share equally the common chattels; that is, those previously shared between the deceased and the various wives. Of course,...more
Jan. 17, 2019, 10:22 p.m.
Countries: Zambia
Variables: POLY-LAW-1, POLY-LAW-2

"The Intestate Succession Act of 1989 recognizes women’s rights to inheritance whether married under statutory or customary Laws, and the new draft constitution also recognizes equality in inheritance. According to the current law, widows have the right to inherit 20% of their husbands’ property, 50% of the estate goes to the children of the deceased (irrespective of gender), 20% to the parents of the deceased, and 10% to other dependents. In polygamous marriages, 50% of the inheritance is divided between the children (irrespective of gender) and the remainder is split equally between the wives" (1)
Jan. 17, 2019, 9:50 p.m.
Countries: Zambia
Variables: POLY-LAW-1, POLY-LAW-2

"In a polygamous marriage, the widow’s share must be divided proportionally with other wives, based on the length of time each has stayed in the marriage. Property grabbing from widows remained widespread. The courts generally considered property grabbing a criminal offense and mandated up to three years’ imprisonment for these cases. However, most property grabbing cases were decided in local courts, which administer customary law and do not have the power to impose prison sentences. The fines the local courts imposed were low" (18)
Jan. 17, 2019, 9:38 p.m.
Countries: Zimbabwe
Variables: POLY-LAW-1, POLY-LAW-2

"The inheritance laws of Zimbabwe were reviewed in 1997 and resulted in the promulgation of the Administration of Estates Amendment Act. The Act makes the surviving spouse and children the primary beneficiaries of the deceased’s estate as opposed to the eldest son. In polygamous marriages the senior wife receives two-thirds of the first third of the estate’s liquidated assets, as she is regarded as the biggest contributor to the estate. The remaining wives share equally in the remainder of the first third of the estate. The remaining two thirds of the estate is shared amongst the children of the various marriages. These protections are provided despite the fact that unlike...more
Jan. 17, 2019, 9:28 p.m.
Countries: Zimbabwe
Variables: POLY-LAW-1, POLY-LAW-2

"For example, in polygamous marriages, the law states that, if possible, each wife should become the owner of the home in which she is living. If a number of wives are sharing a home, that arrangement should continue after their spouse’s death, if possible. The first wife receives two-thirds of the first third of the estate’s liquid assets, for she is presumed to have made the biggest contribution to the estate. The remaining wives share equally the remainder of the first third of the estate, and the children of the various marriages share the remaining two-thirds" (168)
Jan. 17, 2019, 8:51 p.m.
Countries: Zimbabwe
Variables: POLY-LAW-1, POLY-LAW-2

"In customary marriages, a woman has a life interest in the matrimonial home, which has to be shared among wives in case of polygamous marriages... In polygamous marriages, each wife keeps the home she was living in at the time of the husband's death, with its household contents. The wives share one-third of the remaining property, with the senior wife getting the largest share and all the children sharing the remaining two-thirds. In cases where the senior wife's house is less valuable than the others or where the remaining estate is too small to share, the children risk ending up with nothing" (para 1-5)
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, 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
Feb. 28, 2018, 5:36 p.m.
Countries: Kenya
Variables: POLY-LAW-2

"Property Rights in Polygamous Marriages (Section 8): If the parties in a polygamous marriage divorce or a polygamous marriage is otherwise dissolved: 1) Matrimonial property acquired by the man and the first wife, before the man married another wife, shall be retained equally by the man and the first wife only; 2) Matrimonial property acquired by the man after the man marries another wife shall be regarded as owned by the man and the wives taking into account any contributions made by the parties; 3) It is possible for a wife to hold her matrimonial property with the husband separate from that of the other wives; 4) Any wife can...more
Jan. 30, 2017, 4:13 p.m.
Countries: Chad
Variables: POLY-LAW-2

"In such cases the first wife has the right to request that her marriage be dissolved but must repay her bride price" (18).
Aug. 18, 2015, 10:52 a.m.
Countries: Afghanistan
Variables: POLY-LAW-2

"If the man has more than one wife, he is responsible to share alimony between his wives equally. In fact, one of the conditions for polygamy is the man’s financial ability to pay equally for all wives" (85)
April 28, 2015, 4:01 p.m.
Countries: Sierra Leone
Variables: POLY-LAW-2

"If there is no will there is a new law (Devolution of Estates Act of 2007) that divvies land and other assets up between wives children and other family members. The most senior wife gets first priority in administering the estate" (para 8)