FEATURES OF CONCLUDING AND DISSOLVING POLYGAMOUS MARRIAGES IN ISLAMIC COUNTRIES

Authors

DOI:

https://doi.org/10.32703/2663-6352/2025-1-17-92-97

Keywords:

marital contract, polygamous marriage, family, family law, Sharia norms, mandatory conditions, spousal property rights in marriage and divorce, financial obligations

Abstract

This article explores the legal nature of polygamous marriages in the Muslim world, focusing on the specific features of their formation and dissolution under Islamic law (Sharia). It outlines the conditions under which polygamy is permitted, the requirements imposed on a husband entering into multiple marriages, and the procedures for terminating marital relations—whether initiated by the husband (talaq) or the wife (khulʿ). Special attention is given to the legal and social dimensions of polygamy in contemporary Muslim countries, as well as the challenges posed by the coexistence of religious norms and state legislation. The article examines issues surrounding the protection of women’s rights and the compatibility of traditional marital frameworks with international human rights standards. It underscores the need to strike a balance between Islamic traditions and modern human rights norms, emphasizing the importance of a comprehensive analysis that takes into account Islamic, legal, and sociocultural factors.

The issue of the polygamy is becoming increasingly important in the context of migration processes. As Muslim communities move to countries with different cultural and legal environments (e.g., Europe), there is a need for legal recognition or rejection of such marriages in the new legal environment. This requires inter-legal dialog and the development of clear criteria for the adaptation of Shariah law to secular legal systems.

In the modern world, attitudes toward the polygamy are ambiguous: some countries allow it within religious or customary norms, while others prohibit and criminalize it. This issue is especially relevant in Muslim countries - the marriage of one man to several women - is considered acceptable under Sharia law.

This article explains how polygamous marriages are regulated at the international and national levels and what trends are observed in this area.

Published

2025-06-18

Issue

Section

Journal Articles