Laws of the Land and Polygamy

Laws of the land and polygamy

“Laws of the land and polygamy” is a subject that many argue about as it relates to Islam. The Islamic faith allows men to have more than one wife. He may have four at one time.

Nevertheless, there are some Muslims who say that others break the laws of the land when they engage in polygamy. It’s said of men who become polygamous in countries where polygamy is not lawful. The United States is one such country.

Muslims who do not approve of polygamy are usually the ones who say it goes against the laws of the land. They look for any reason to condemn polygamy, which doesn’t surprise me. In not wanting to live polygamy, they seek out information to support what they think is wrong with it. What better way not to live it than to outlaw it.

Let me make myself clear. I don’t tell anyone to break a law. Many don’t know the laws, yet think others are breaking them. One should know the laws of the land and polygamy before one says that another has broken them.

It is not easy to know the laws of the land and polygamy, as the laws are not the same in all countries

The laws differ from States to State in the US, as well. Furthermore, I’ve learned about some laws of other countries from writers here at the polygamy 411 blog and support group.

Let me tell you how Muslims could live polygamy in Islam and not go against the laws of the land. I will use the United States, as an example. There are no laws on the books that make polygamy illegal. I’m sure no one has heard that someone went to jail in the US for being “polygamous”.

Despite that polygamy is not “illegal” in the US, it is still not “lawful.” It is “unlawful,” but not “illegal”. In other words, the courts do not see polygamy as a lawful form of marriage.

Laws of the land and polygamy are not the problem

However, “bigamy” is. Bigamy is against the law in the US. It is when a person has more than one legally registered marriage document.

For instance, say a man has two wives in two different countries where polygamy is not legal. If he registers both marriages with the governments or some other agencies, he will have two official marriages. Thus, he has broken the law, if he is in the US. One who is in the United States is only allowed one registered, legal marriage document.

From what I know, bigamy is not common in the US. Most Muslims are smart enough not register more than one marriage document in the United States. One should know not to have a legal marriage document in the US and one in another country at the same time. If he does, it would count as bigamy.

Laws of the land are not violated when there are private, personal contracts between people. People do not violate laws of the land when they have private, personal contracts between themselves. A man who has more than one wife probably has a private, personal contract with each of his wives.

Nonetheless, the US courts of law will not hear a personal, private contract of marriage when the man has a legally registered one, as well.

The laws of the land and polygamy are not what get the person in trouble

I am sure many of you have heard of polygamists who have had trouble with the law in the US. The laws of the land and polygamy was not what got them in trouble.

The trouble came about when they broke some other law. Perhaps they abused a child or committed domestic violence (assaulted a wife, for instance) or performed a sexual offense. It is important to realize that they broke a law(s) that was on the books.

If a person commits any offense that breaks a written law on the books (a statute), he violated the laws of the land. He would face legal action for it, the same as anyone else would. On the other hand, there is no law on the books that allows a court to prosecute polygamy.

Marriage is easy and simple for a Muslim based on Allah’s laws. One doesn’t have to register a marriage to have a valid one according to Islam. A contact between the wife and the husband is good enough.

I suggest you seek your own legal counsel. Speak with a professional for legal advice. Note: I am not an attorney at law.

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laws of the land and polygamy

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