Polygamy and the Rights of Women

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FEATURE ARTICLE POLYGAMY AND THE RIGHTS OF WOMEN Dr Ruth Gaffney-Rhys, University of Wales, Newport Abstract This paper considers the impact of polygamy, which is lawful in several African and Asian jurisdictions, on women and to a lesser extent, children. Research has demonstrated that the implications of plural marriage vary according to the context in which it is practiced, but most reports suggest that the impact on women is negative rather than positive. Polygamy adversely affects a woman’s social status, economic position and health and as a consequence, the international community has criticised the practice. The paper concludes by indicating that the provisions of international human rights treaties need to be examined in order to determine the legality of polygamy from an international law perspective. Keywords: Polygamy, Polygyny, Impact on Women, Law Introduction The controversial issue of polygamy re-entered the spotlight in October 2010 when Africa’s foremost polygamist, Ancentus Akuku from Kenya, died at the age of 94. Akuku (nicknamed Danger) is believed to have married approximately one hundred and thirty women (several of whom he divorced) and is said to have left one hundred widows and over two hundred children. His youngest child, born to the most recent and youngest spouse, is only three months old. Polygamy is permitted in Kenya under customary law (as opposed to the civil law), which means that the practice is largely unregulated. Reports relating to Akuku often highlight his legendary status, his wealth, his success as a businessman and the contribution that he has made to the local area. However, polygamy is a practice that has been condemned by the international community because of its adverse effect on women (See Banda, 2008). This article is the first in a two part series that explores the impact of polygamy on women. It will
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