oa Comparative and International Law Journal of Southern Africa - Legal recognition of polygamous marriages

Volume 17, Issue 3
  • ISSN : 0010-4051



Considerable confusion and uncertainty as to the legal status of the polygamous marriage still reigns in Britain. Despite the relevant cases, the 1972 Statute, and the relatively impressive number of works and articles on the topic, many questions are still in need of an answer and many problems remain. The recent working paper on polygamous marriage, capacity to contract a polygamous marriage, and the concept of potentially-polygamous marriage gives us an excellent opportunity of reappraising the whole problem and clarifying its various aspects. In this it is important not to overlook a comparative approach to the matter, a perspective generally forgotten. An examination of the treatments and solutions raised in other systems could contribute considerably to a global reappraisal of polygamy. This article will attempt to compare the basis, treatment and solution of the problem in Britain, in several Commonwealth countries and in France and Belgium - countries where the problem arises -

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