6.4.4 Polygamy

Polygamy in the west is usually a serial and informal custom, practised secretly when not serial, and with a long and not very honourable history.  Polygamy in Islam is confined to polygyny with four partners, i.e. one male and no more than four females.

English law does not recognise polygamy, and registering a second husband or wife is an offence.  Home Office discretionary conventions may often permit entry to multiple wives of one husband where the wives have been married in accordance with the law of the country of origin, i.e. where polygamy is legitimate.  English law certainly gives legal equivalence to British registered marriage of the overseas marriage certificate of the first wife.  However there are a number of situations where the law is vague or untested, partly because nikkah alone and performed in Britain without registration does not constitute registered marriage although it does when performed overseas and recognised by law overseas.  So a second wife, married by nikkah alone within the UK, is not legally married but has the status of ‘common-law wife’, whereas a second wife with a registered marriage in the UK will be legally married if the first wife was married legitimately by nikkah overseas and was overseas at the time of the second marriage.  While polygamy among Muslims in Britain is rare, among those who practice it these two situations are quite common.  Also common as a result is a lawful abuse of the situation such that wives in different countries may have no knowledge of each other.

Recent changes in marriage law now permit masjid officials to perform civil marriage registrations, so nikkah can be combined with registration.  Thought might be given to giving “civil partnership status” to polygynous wives as a step towards regularising their otherwise vulnerable status.