POLYGAMY AND RELIGIOUS MARRIAGE LAWS: A COMPARATIVE ANALYSIS OF SELECTED COUNTRIES

Abstract

Polygamy remains a complex and contentious issue within the landscape of religious and civil marriage laws across various legal systems. While some countries recognize and regulate polygamous marriages under religious or customary law, others prohibit the practice entirely based on human rights and gender equality principles. This article provides a comparative analysis of how selected countries—such as Indonesia, Saudi Arabia, South Africa, and France—approach the legality, regulation, and societal implications of polygamy. Utilizing a normative-juridical method, the study explores the intersection between religious doctrines, national legal frameworks, and international human rights standards. The findings reveal a broad spectrum of approaches, from legal accommodation within Islamic law to strict prohibition under secular legal systems. The analysis also highlights the legal tensions between freedom of religion and the protection of women's rights. Ultimately, the article underscores the need for a balanced and context-sensitive legal response that respects cultural and religious diversity while upholding the principles of justice and equality.