What is the future of polygyny (polygamy) in Africa?
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Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Academy of Science of South Africa
Abstract
The traditional practice of polygyny, whereby only a man is
allowed to marry more than one wife in a customary marriage,
has long been perceived to be an offender of women's rights.
Recent family law reforms on the African continent show that the
focus has been on promoting and protecting the rights of women
as defined in international human rights law, as well as on
respecting the practice of polygyny. These legislative reforms in
jurisdictions such as Kenya, Mozambique and South Africa show
that the approach to regulating polygyny has been either to
legalise, abolish, or regulate the practice. In view of the focus in
these reforms on both women's rights and respect for the
practice of polygyny, this paper examines the different
approaches of the selected countries to regulating the practice.
In particular, this paper investigates how these countries are
striking a balance between polygyny and the protection of
women's rights. It will also highlight the difficulties that law
reformers face in regulating the practice in such a way as to
protect women's rights, as well as the gaps in the law reforms
that need to be addressed.
Description
Keywords
Polygyny, Africa, Kenya, South Africa, Mozambique, Abolish, Legalise, Family law, Reforms, Polygamy
Citation
Mwambene, L. (2017). What is the future of polygyny (polygamy) in Africa? PER/PELJ, 20