A Comparative Study of Polygamy Based on Islamic Jurisprudence and the Foundations of Iranian Civil Law in Comparison with the Laws of England and the United States

Abstract

In the Islamic jurisprudential system, which constitutes the foundation of the civil law of the Islamic Republic of Iran, there is no absolute prohibition against polygamy, and this institution is recognized within the framework of Islamic legal regulations. The present article was conducted with the aim of comparatively examining polygamy based on Islamic jurisprudential principles and the provisions of Iranian civil law, and comparing them with the legal systems of England and the United States. The study employed a descriptive–analytical method and was based on library research data. The findings indicate that in Islamic jurisprudence, and consequently in Iranian law, the principle of the permissibility of polygamy is recognized subject to conditions such as the observance of justice, financial capability, and the ability to fulfill the rights of spouses. Furthermore, the Iranian legislator has restricted the practical scope of this institution through mechanisms such as requiring the verification of legal conditions, permitting the inclusion of a contractual stipulation prohibiting the husband’s remarriage, or making a subsequent marriage contingent upon the consent of the first wife. In contrast, within the legal system of England, the validity of marriage is founded upon monogamy and compliance with statutory requirements, and polygamous marriages are generally not recognized, except in certain exceptional cases involving marriages lawfully concluded in jurisdictions where polygamy is permitted, which may be accorded limited legal effects. Similarly, in the United States, polygamy is criminalized at both the federal and state levels and is prohibited in all states. Although some fundamentalist religious groups adhere to the practice, it continues to be regarded as unlawful from a legal perspective.