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Polygamy in
Britain
Should men be allowed more than
one wife in the UK? The US polygamy trial of Tom Green has again sparked
arguments in Britain too. Christine Aziz has been investigating the debate over
polygamy in the UK.
Alleged bigamist Tom Green claims
he's simply following old-style Mormon practice, by having five wives, and that
it's his right under religious freedom. Now that the new Human Rights Act as
come into force in the UK, we could all have the right to have more than one
spouse. Members of the Muslim Parliament in Britain are hoping that the new Act,
will make it possible for polygamy to be legalised.
Under Muslim law a man is allowed
up to four wives but he must be able to show that he can treat each woman
equally and provide a separate home for each one. At present it's believed there
are 300 polygamous families living in the UK.
If polygamous marriages are
recognised under British law, polyandry – where women can have more than
one husband – could also become law under our equal rights legislation.
Nushaba Hussein, chair of the
Human Rights Action Committee of the Muslim Parliament says recognising polygamy
would give legal recourse to women should their husband die intestate or if the
relationship fails. She cites the case study below as an example:
Samira's story Samira came from a
poor family in Pakistan. A marriage was arranged for her with a much older man
in the UK. Shortly after her arrival, her husband died. Ejaz, a rich
businessman, whose wife was ill and infertile offered to make her his second
wife, and married her in a Muslim ceremony at a London mosque. She moved into
the home that Ejaz shared with his first wife. Samira had two children from Ejaz
but his first wife became jealous and eventually threw her out with her two
children.
Samira's story...
Her compatriots treated her contemptuously and called her a loose woman. In
their eyes she was a shamed woman with two failed marriages. No family would
want to be associated with her, and certainly no other man would marry her
again.
Ejaz stopped paying maintenance
for Samira and her children. Within her community Samira was treated as a single
woman with two illegitimate children. In western society this generally no
longer carries a stigma, but in the Asian community where values are more
conservative, life can be made impossible.
Samira has no access to the courts
to demand payment for herself as a legal wife, neither is she able to obtain
maintenance for the children and rights of inheritance for them.
What the Muslim Parliament says:
According to Nushaba Hussein, Samira's case highlights the vulnerability of
women in polygamous marriages and making it legal would give leave them less
open to abuse.
'It does happen that Islam's very
strict conditions for polygamy are occasionally abused. These men would like to
keep subsequent marriages clandestine so that women can't do anything if the
they choose to renege on their duties, or leave them,' she adds.
'They are reduced to nothing more
than mistresses, which in Islamic society is very shameful. They don't have a
right to inheritance, which is a problem when husbands die intestate. I know of
cases where the husband has provided a wife and his children with a house but
not made a will, and it has been taken away from them once he has died, leaving
them homeless'
The Muslim Parliament's call for
recognition of polygamous marriages has been met with a mix of criticism and
silence:
Church of England
'Polygamy doesn't fit in with the Christian idea of marriage,' said a
spokesman for the Church of England. 'It may be a cultural practise in some
parts of the world, but many cultures used to practise slavery but that doesn't
make it right.'
The Women's Institute
The WI, usually quick to comment on social issues involving women and
children, refused to comment, saying it was not a policy issue that had been
discussed by its members.
The Equal Opportunities
Commission
The EOC refused to comment on the matter, but a spokesman later pointed out
that once polygamy became law, British women would have the right to have more
than one husband under equal opportunities legislation.
The Commission for Racial
Equality
The CRE was at first unwilling to comment on the Muslim Parliament's
campaign, but later allowed BEME to talk to its head of legal policy, Barbara
Cohen. 'It will be interesting to see how Human Rights legislation will deal
with this question,' she said. 'It would have to be weighed up against public
interests and will be unpicking laws that are historically against polygamy. The
focus of the argument is likely to fall on ways benefit agencies can recognise
more than one wife'.
The Home Office
According to a Home Office spokesman, if polygamy is legalised it will allow
everyone, not only Muslims, to have more than one spouse. 'You cannot limit
legislation to one group,' he said, adding that polygamy or polyandry are
unlikely to be made law in the UK. 'Some rights are very broad but will have to
be taken into account with existing laws. It will be up to the courts to decide.
We are a one-man, one-woman society and this is unlikely to change'.
In America, the debate rages on
and in the website listed below you can read stories of women who not only enjoy
being in a polygamous marriage - they believe it liberates them. One goes so far
to say that it's the 'ultimate feminist lifestyle' because the other wives can
make sure the childcare is sorted and the husband never has to put up with a TV
dinner.
Source: BeMe.com
Suggested further reading:
Polygamy
A collection of Muslim, Mormon and secular feminist articles.
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