The most comprehensive compilation of information on the status of
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Latest items for POLY-LAW-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
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
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)
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)
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)
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
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)
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).
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
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)
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)
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)
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)
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)
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)
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)
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)
Jan. 28, 2020, 10:05 p.m.
Countries: Malawi
Variables: WR-LAW-1, IAW-LAW-1, IAD-LAW-1, POLY-LAW-1, POLY-LAW-2

"17. – (1) Upon intestacy the persons entitled to inherit the intestate property shall be the members of the immediate family and dependants of the intestate and their shares shall be ascertained upon the following principles of fair distribution -(a)protection shall be provided for members of the immediate family and dependants from hardship so far as the property available for distribution can provide such protection;(b) every spouse of the intestate shall be entitled to retain all the household belongings which belong to his or her household; (c) if any property shall remain after paragraphs (a) and (b) have been complied with, the remaining property shall be divided between the surviving...more
Aug. 3, 2019, 7:38 p.m.
Countries: Mozambique
Variables: POLY-LAW-1, POLY-LAW-2

One aspect of polygamous marriages that influences succession and inheritance practices is the hierarchy that exists among wives. The first wife, also called the great wife, is regarded as the woman with most power and privileges in the family. According to the data gathered during the fieldwork, in the central provinces of Manica and Zambézia this means that the first son of the first wife would be considered the principal heir of his father’s possessions the children of other wives dependent on his willingness to share. In Gaza province in the south, however, the power of the first wife and her offspring seems to be more symbolical. It was reported...more
Aug. 3, 2019, 7:30 p.m.
Countries: Mozambique
Variables: POLY-LAW-1

"With respect to polygamous marriages, the government’s most recent report to CEDAW indicated that it had amended the law to provide equal inheritance rights to all wives" (1)
Aug. 3, 2019, 7:26 p.m.
Countries: Mozambique
Variables: PW-LAW-1, PW-DATA-1, POLY-LAW-1

"Polygamy is a customary practice commonly accepted in Mozambique, even though it is legally prohibited. There are no statistical data, because this practice is legally recognized, but we are conscious that in rural areas this practice abounds. And we also know that the second, third and even fourth woman has no legal rights and protection whatsoever" (63)
Aug. 3, 2019, 7:13 p.m.
Countries: Kenya, South Africa, Zambia, Zimbabwe
Variables: POLY-LAW-1

"Kenya, South Africa, Zambia and Zimbabwe recognize the inheritance rights of multiple wives" (10)
Aug. 3, 2019, 7:12 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)
Aug. 3, 2019, 7:10 p.m.
Countries: Botswana, Morocco, Rwanda, Tunisia
Variables: POLY-LAW-1

"Polygamy is prohibited in Botswana, Rwanda and Tunisia, and highly restricted in Morocco, and so women who marry into these arrangements have no legal protection" (10)
Aug. 3, 2019, 7:08 p.m.
Countries: Mozambique
Variables: POLY-LAW-1

"In Mozambique, polygamy is neither sanctioned nor outlawed, but a man may only register one wife, thereby excluding additional wives from property entitlements" (10)
Aug. 3, 2019, 6:30 p.m.
Countries: Namibia
Variables: PW-PRACTICE-3, POLY-LAW-1

"Customary marriages in most communities are potentially polygamous and not registered. These marriages are regulated primarily by unwritten customary laws that differ from community to community. For example, in Herero communities, civil marriages are usually technically in community of property, while husband and wife have separate movable property in terms of customary law. It is not uncommon, in regions other than the Caprivi, for a couple to marry in terms of both civil and customary law and to rely upon different legal and social norms, depending on the situation at hand. It also occurs that a man is married under civil law to one wife and is cohabiting with a...more
Aug. 3, 2019, 5:53 p.m.
Countries: Niger
Variables: POLY-LAW-1

"In terms of the inheritance of moveable property women, where eligible, receive half the share of an equivalently positioned male family member in Niger, as stipulated in Islamic law" (para 18). Sharia law implies that all legally married wives and their sons get a share (MAD - CODER COMMENT)
Aug. 3, 2019, 5:37 p.m.
Countries: Niger
Variables: POLY-LAW-1

"In Niger, inheritance is governed by customary (which varies between different ethnic groups) and/or Sharia law. Sharia law stipulates that women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled...Widows may not receive anything if there are no surviving children and are often the victims of 'property grabbing' on the part of her deceased husband’s male relatives. According to the Chronic Poverty Research Centre, in 2006, 23.75% of widows inherited majority of assets after their spouses passed away. In some regions, when a husband dies, his property and land...more
July 20, 2019, 8:01 p.m.
Countries: Niger
Variables: POLY-LAW-1

"The wife of a polygamous husband is only entitled to 1/8th of his property" (81)
July 20, 2019, 7:51 p.m.
Countries: Nigeria
Variables: POLY-LAW-1

"In a polygamous family, however, the eldest son distributes the property per stripe at his discretion. In Enugu, Ezeike and Etteh clans of Igbo-Eze Division, the eldest son is the sole heir. In Ogbaru Division, the eldest son inherits the property exclusively though in practice, he sometimes shares the property out with his other brothers" (168). "In Afikpo and Edda clan of Afikpo Division, the male children in a polygamous family or the eldest child in a monogamous family will share the yams with the maternal brothers of the deceased. Other farm produce are inherited by the nearest maternal sisters e.g. sisters of the same mothers daughters of the sisters...more