In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another.[1] A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing his or her spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction.
Bigamy is a crime in most Western countries. When it occurs in this context occasionally neither the first nor second spouse is aware of the other, although the majority are involved in plural marriages.[2][3] In countries that have bigamy laws, consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void.
History of anti-bigamy laws
Even before Christianity became the official religion of the Roman Empire, Diocletian and Maximian passed strict anti-polygamy laws in 285 AD that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical Greece and Rome.[citation needed] In 393, the Byzantine Emperor Theodosius I issued an imperial edict to extend the ban on polygamy to Jewish communities. In 1000, Rabbi Gershom ben Judah ruled polygamy inadmissible within Ashkenazi Jewish communities living in a Christian environment.
In ancient China, bigamy was a punishable offence; however, concubines and mistresses were tolerated as long as they were not acquired through an official marriage. A man, at any given time, could only be married to one woman, and vice versa. Issue with the wife enjoyed preference in inheritance and social status.[citation needed]
Most western countries do not recognize polygamous marriages, and consider bigamy a crime. Several countries also prohibit people from living a polygamous lifestyle. This is the case in some states of the United States where the criminalization of a polygamous lifestyle originated as anti-Mormon laws, although they are rarely enforced.[4]
In diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. In some such countries, only one spouse of a polygamous diplomat may be accredited, however.[5]
By country
Australia: Illegal. Up to 5 years' imprisonment.[6]
China: Illegal. Up to 2 years' imprisonment, and up to 3 years for bigamy with soldiers (but tolerated for some minorities, such as Tibetans, in some rural areas in the south-west).
Colombia Illegal with exceptions (such as religion). Although bigamy no longer exists as a lone figure in the Colombian judicial code marrying someone new without dissolving an earlier marriage may yield to other felonies such as civil status forgery or suppression of information.[10]
India: Legal only for Muslims but very rarely practiced. Up to ten years of imprisonment for others except in the state of Goa for Hindus due to its own civil code.
Indonesia: Depending on the specific tribe in question, bigamy can be legal or illegal.
Malaysia: Illegal for non-Muslims under federal jurisdiction. Under section 494 of Chapter XX of the Penal Code, non-Muslim offenders found guilty of bigamy or polygamy can be punished up to 7 years of imprisonment. Bigamy or polygamy is legal only for Muslims with restrictions under state jurisdiction, rarely practiced.[16]
Netherlands: Illegal. Up to 6 years' imprisonment. If the new partner is aware of the bigamy they can be imprisoned for a maximum of 4 years.
New Zealand: Illegal.[18] Up to 7 years' imprisonment, or up to 2 years' imprisonment if the judge is satisfied the second spouse was aware their marriage would be void.
Morocco: Permitted for Muslims, restrictions apply.
Thailand: Prior to October 1, 1935, polygamy in Thailand could be freely practiced and recognised under civil law. Since its abolition, it is still practiced and widely accepted in Thailand, though no longer recognised, as the law states "A man or a woman cannot marry each other while one of them has a spouse."
On indictment, up to 7 years' imprisonment[21] or on summary conviction up to 6 months' imprisonment, or to a fine of a prescribed sum, or to both.[22]
^"Definition of BIGAMY". www.merriam-webster.com. Archived from the original on 28 September 2017. Retrieved 28 April 2018. ((cite web)): Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
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Redactora, Myriam Amparo Ramírez (24 February 2001). "La Bigamia". El Tiempo (in Spanish). Archived from the original on 5 October 2012. Retrieved 2012-07-30. ((cite news)): Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
^This list of repeals and amendments in the Republic of Ireland from the Irish Statute BookArchived 2013-05-11 at the Wayback Machine confirms that it remains in force.
^"Malaysia". Islamic Family Law. Emory Law School. Archived from the original on 2012-07-28. Retrieved 2012-07-30. ((cite web)): Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
