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Polygamy Practise vs the Nepal Polygamy (Polyandry) Practise, Research Paper Example

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Research Paper

Polygamy is referred to as the act of marrying multiple spouses at the same time. The word “polygamy” comes from the Greek for “many marriages.” Polygyny refers to a man marrying numerous women simultaneously, while when a woman is married to more than one husband at a time is called polyandry. In the United States, polygamy is usually associated with the Mormon Church. The LDS doctrinal doctrines once acknowledged polygamy; however, abolished in 1890 (Thobejane & Flora, 2014). There are still some splinter groups within the Mormon faith that continue to practise polygamy. Polyandry is the most frequent form of polygamy in Nepal. Polyandry is a polygamous marriage in which a woman is married to multiple men (Adebayo & Bankole, 2019). In some cases, the husbands are brothers who share a wife. In other cases, the husband and wife have an open relationship, and each may take additional spouses. There are several reasons why someone might choose to practise polygamy. In some cases, it is a matter of religious belief. It could also be a cultural tradition in some circumstances. Others may see it as a method to expand their family or offer financial security for their wife and children. In the U.S., polygamy is prohibited. Polygamy is illegal in Nepal (Ghimire & Samuels, 2014). In Nepal, men who engage in polygamy can be imprisoned for up to five years (Aashika Shrestha, 2022). Women are not penalized for participating in polygamy (Aashika Shrestha, 2022). Polyandry is a common practise in some parts of Nepal (Gurung, 2012). A woman may be married to numerous husbands in a polyandrous relationship. The husbands are often brothers who share the same wife. Several challenges come with practicing polygamy. One is the potential for jealousy and conflict between spouses. Another is the challenge of dividing one’s time and resources evenly among multiple spouses. There is also the potential for legal problems, especially in countries where it is unlawful. Despite the challenges, many people continue to practise polygamy. For some, it is a matter of religious or cultural beliefs (Ghimire & Samuels, 2014). For others, it is a way of life that brings them happiness and satisfaction. It will discuss the legal, cultural, and religious reasons for polygamy. Also, it addresses the challenges that come with practicing polygamy.

Origin of Polygamy

Polygamy is believed to have originated during the tops of Mesopotamian civilization. The Code of Hammurabi mentions polygamy in several places, indicating common practise (Hardy, 2017). The Hebrew Bible includes numerous numbers of stories about polygamous relationships in ancient Israel, such as the stories of Abraham, Jacob, and David. Polygamy continued to be practised throughout the Middle Ages and Early Modern period. In some cases, it was a matter of religious belief. In others, it was a way to increase the size of one’s family or provide financial security for wives and children. During the Victorian era, polygamy began to fade in the West. Polygamy became banned in the United Kingdom after the British Parliament approved the Matrimonial Causes Act in 1857. Polygamy was usually linked with the Mormon faith in the U.S. Polygamy was once a part of the LDS doctrinal doctrines, but it was abolished in 1890 (Brooks, 2020). Within the Mormon Church, several radical groups still practise polygamy.

Polygamy is still a part of today’s marriage system. It is a religious belief (Charsley & Liversage, 2013). In others, it is a cultural tradition. In still others, it may be a way to increase the size of one’s family or to provide financial security for wives and children. In the U.S., polygamy is unconstitutional. Polygamy is legal for Hindus in Nepal but not for Buddhists or Muslims (Ghimire & Samuels, 2014). Muslim males, for example, are permitted to take have four wives at a time if they can financially support them. Hindu men are permitted to take many wives, but only if the first partner cannot bear offspring. The legal marriage of a Muslim woman to another person is deemed invalid in the U.S.

Cultural Reasons for Polygamy

There are several cultural reasons why polygamy is practised. For instance, it is meant for religious or societal purposes, including security, economic resource, love, or companionship. It is also practised to protect orphans and widows during war times (Brooks, 2020). Polygamy is also practised in some cultures to ensure that each wife has a husband. The husband oversees the family and makes all the decisions (Arangua, 2022). The wives are expected to obey their husbands and live in harmony. Polygamy is most often associated with the United States LSD Church. Joseph Smith established LSD, commonly known as the Mormon Church, in 1830. Polygamy, Smith claimed, was a religious principle that would enable mankind to become like God (Bitton, 1977). The Mormon Church began practicing polygamy in the 1840s. Polygamy was officially outlawed by the Mormon Church in 1890. However, some Mormon splinter groups continue to practise polygamy today. Polygamy is also practised in many Muslim countries. A gentleman can only have four wives in Islam if he treats them equally (Thapa et al., 2009). Polygamy is more widespread in some Muslim nations, such as Saudi Arabia, than in others. Polygamy is not common in some Muslim nations, such as Turkey. Further, many scholars and observers believe that polygamy has several negative effects on women. They argue that polygamy is a way for men to control and oppress women. They further claim that polygamy leads to women being exploited economically (Joshi et al., 2008). They further contend that polygamy promotes a societal context where violence against women is more prevalent.

Legal Reasons for Polygamy

One of the significant legal reasons for polygamy is that it can help protect, strengthen, and empower children, families, and women (Keenan, 2013). Also, it may be a way to provide financial security for wives and children (Syamsuddin, 2018). In some cultures, polygamy ensures that each wife has a husband and feels practised physically and economically. In some countries, like Nepal, polygamy is illegal because, in their culture, they take marriage as a connection between husband and wife (News, 2022). In others, like the United States, polygamy is legal in some circumstances. In Utah, for example, polygamy is only legal if it is part of religious practise.

  • Legal Reasons for Polygamy in the U.S.

In the United States, polygamy is permissible under certain conditions. For instance, the country’s immigration law frowns on being married to more than one wife at the same time. Polygamy is only lawful in Utah if done as part of religious practise. From 1847 to 1890, the LDS Church practised polygamy (Portman, 2021). During this time, polygamous marriages were not recognized by the U.S. government. Polygamy was officially abolished by the LDS Church in 1890. (Syamsuddin, 2018). Polygamy has seen a slight return in the United States in recent years. Some LDS Church members continue to practise polygamy. In addition, in the United States, a few small polygamous sects are not linked with the LDS Church. In 1879, the first legal challenge against polygamy was filed in the United States. The Supreme Court concluded in Reynolds v. U.S. that polygamous marriage was not defended by the First Amendment (Weisbrod & Sheingorn, 1977). The term “marital status” refers to a person’s marital or cohabiting relationship, which the court considers a lifelong connection between a man and woman. The court also said that polygamy has a “tendency to destroy the civilized forms of domestic relations.” In Skinner v. Oklahoma, the Supreme Court found that laws prohibiting polygamy were constitutional. The court said that laws against polygamy are “necessary to protect society.”

Since 1942, the Supreme Court has not decided on the legality of polygamy. In 2013, the Tenth Circuit Court of Appeals declared that the decision of Utah legislation prohibiting polygamy was unconstitutional (Oman, 2013). The court said that the law violated the religious freedom of a polygamous family featured on the television show “Sister Wives.” This means that the Tenth Circuit’s ruling is still in effect in the United States.

  • Legal Reasons for Polyandry in Nepal:

In Nepal culture, marriage is viewed as a cultural, emotional, and legal bond between a wife and husband. This is evident in the second marriage law, which is based on the substance of the first marriage. Even though the country prohibited the act of law under the Muluki Criminal Code Act, 2017, there is still some act of polyandry (Advocates & Legal Consultants, 2019). In some Hindu households, the husband is regarded as the household’s leader (Ghimire & Samuels, 2014). Polygamy is considered a solution for these families to provide financial security for their wives and children if the husband is not financially stable. Polygamy is viewed as a strategy to increase the size of one’s family in various cultures. It may be a way to provide financial stability for spouses and children in specific instances. Polygamy is also used in some cultures to ensure that every woman has a husband. The spouse is regarded as the head of the household in many polygamous cultures. In others, for instance, U.S., polygamy is lawful in some circumstances. For example, in some Hindu families, the husband is considered the head of the household. The practise of polygamy is also common in Muslim families.

According to section 175 Muluki Criminal Code Act, 2017, any person with more than one wife simultaneously is guilty of polygamy (Himalayan, 2018). The maximum punishment for polygamy is 1 to 3 years in prison (Gautier, 2020). However, the courts have the power to give a longer sentence if they believe that the husband has caused physical or mental harm to his wife. Wives in polygamous marriages have no legal rights, according to the authorities. For example, in the court of appeal, the wives in a polygamous marriage are not considered to be witnesses. This means that they cannot give evidence in court about their husband’s polygamy.

Economic Reasons for Polygamy/Polyandry

Polygamy is used to strengthen the financial security of households in various cultures. Polygamy is generally considered a strategy to offer economic stability for women and their children in societies where it is accepted. Polygamy has been used to keep families together in various conditions resulting in the death of a husband. Others see it as a means of pooling economic resources within a community (Ras, 2010). Polygamy is most generally linked with US LSD Church. Back in the days of the Mormon Church, polygamy was used to increase the birth rate of Mormon families (Bitton, 1977). The church eventually abandoned the practise, but it is still legal in some parts.

In Nepal, polygamy is practised to increase the economic security of families. In many cases, polygamous marriages are arranged by parents or other relatives. The husband is usually required to pay a dowry to his wife’s family, and in some cases, he is also required to provide a house or land for his wife. Polygamy is often used to concentrate economic resources within a group. Polygamy has been utilized to keep families together after the husband’s demise in various situations. If a man dies without leaving any kids, his wife may marry his brothers to keep the family intact.

Polygamy provides economic security for women and their children in the U.S. In some cases, polygamous marriages are arranged by parents or other relatives. If a man has numerous wives, for example, he may be able to give each one her own home. For example, a polygamous man may be able to provide each wife with an equal share of his assets. This can be especially beneficial for women who are widowed or divorced. The economic stability provided by polygamy can also be beneficial for children. In some cases, children of polygamous marriages can inherit property from their fathers.

A comparative law case study in the concept of polygamy in Nepal and United States: law, tradition, and rights.

Religious

In the United States, polygamy is widely associated with the Mormon faith, particularly LDS Church (Bitton, 1977). While the LDS Church formally abolished polygamy in 1890, certain Mormon fundamentalist groups still practise. In Utah, where most Mormons live, polygamy is technically illegal, but the state has chosen not to enforce the law against Mormon fundamentalists (Portman, 2021). In Nepal, polygamy is not associated with any specific religion but is a traditional practise condoned by Hinduism, the dominant religion in the country (Atreya & Kanchan, 2017). Polygamy, for instance, is prohibited by federal law in the U.S. Any other sort of marriage is constitutionally unrecognized as a legal marriage, according to federal law (Bitton, 1977). Polygamous marriages are not acknowledged and do not receive the same advantages and protections as monogamous marriages. Polygamy is also outlawed in all fifty states; thus, even if a polygamous marriage is legal in another state, it will not be valid in Utah (Portman, 2021). On the other hand, In Nepal, polyandry is not legal, while polygamy is legal (Ghimire & Samuels, 2012). While there are no specific laws governing polygamy, it is generally accepted as a valid form of marriage (Regmi, 2017). This means that polygamous marriages are recognized by the government and are entitled to the same benefits and protections as monogamous marriages. Furthermore, polygamy is unlawful in all of Nepal’s states, which means that polygamous marriages are not allowed in other states where it is prohibited and considered valid in Nepal (Ghimire & Samuels, 2014).

Social

In the U.S., society generally frowned upon polygamy (Bjørvik, 2017). It is seen as a relic of a bygone era, and most Americans believe that it is not an appropriate way to live in modern times. In addition, polygamy is often associated with abuse, exploitation, and inequality, particularly against women (Joshi et al., 2008). In Nepal, polyandry is more accepted by society (Gurung, 2012). While it is not as common as it once was, it is still a relatively common practise, and most Nepalese do not see anything wrong with it. In addition, polygamy is generally associated with abuse, exploitation, or inequality in Nepal. In the United States, polygamy is often seen as a threat to traditional family values (Bjørvik, 2017). It is often portrayed as a harmful practise to women and children, leading to abuse and exploitation (Joshi et al., 2008). Polygamy is sometimes seen as a way for men to escape their responsibilities to their families. In Nepal, polygamy is generally seen as a negative practise. It is frequently depicted as a means for women to have multiple husbands and for households to become closer.

Economic

Polygamy is frequently viewed as financial hardship in the United States. Polygamous families are thought to be more prone to live in poverty and to be a drain on resources. Polygamy is often seen as a way for men to exploit women and children. Polyandry is viewed as an economic gain in Nepal (Bjrvik, 2017). Polyandry families are thought to be more financially stable and capable of providing more resources for their offspring. In addition, polyandry is often seen as a way for men to provide for their families. For example, In the United States, polygamy is often portrayed as a practise that leads to poverty and economic inequality (Ward, 2015). Polygamous families are thought to be poor and consume more resources than monogamous families. In addition, polygamy is often seen as a way for men to exploit women and children (Gurung, 2012). In Nepal, polyandry is often seen as a practise that leads to financial stability and economic equality.

Legal

Polygamy is forbidden in the U.S. per current federal legislation. Any other relationship, including polygamy, is not recognized as a legal marriage. While some states have laws that specifically outlaw polygamy, most states. For example, Utah’s polygamy laws are some of the most well-known. Utah was founded by Mormon polygamists who adhered to their faith and followed its teachings. However, when Utah became a state in 1896, it was required to outlaw polygamy to be granted statehood. While polygamous relationships are not recognized as legal marriages, they are not necessarily illegal. Polygamous marriages are not valid, so the individuals in those relationships are not considered married under the law. However, polygamy is a lifestyle choice that some people continue to practise even though it is not legal.

Nepal’s laws are based on the Hindu tradition, which does not condone polygamy (Gordon, 2017). As Nepal as a nation has considered polyandry unethical behavior that is considered punishable under the criminal law of Nepal. However, accepted in certain parts of Nepal, particularly among the Tharu ethnic group. The Tharu people have a practise polyandry tradition as their system of marriage. While polyandry is recognized as a legal form of marriage in Nepal, it is not illegal (Gordon, 2017). This is because society views the act as unethical; thus, those practicing it are against Nepal Law.

Issues associated with the U.S. (Utah) Polygamy practise V.s the Nepal Polygamy (Polyandry) Practise

Polygamy is most generally connected with the fundamentalist U.S LDS (Thobejane & Flora, 2014). The LDS Church began practicing polygamy in the early 1800s under leader Joseph Smith and continued the practise after Brigham Young led the church’s members to settle in Utah. While the mainstream LDS Church no longer practises polygamy, it is still practised by some fundamentalist Mormon groups in Utah and other parts of the country (Thobejane & Flora, 2014). In Nepal, polygamy is most commonly practised in the form of polyandry. Polyandry is more common than polygamy in Nepal, but the exact numbers are unknown. Polyandry is practised by some Hindu groups in Nepal and the Buddhist Tamang people (Ghimire & Samuels, 2014).

Polygamy has certain implications in both the United States and Nepal. In the U.S., polygamy is unconstitutional under state and federal law. This means that those who practise polygamy can be charged with bigamy, a felony in most states. This can lead to problems for polygamous families when it comes to things like applying for mortgages or other financial assistance and issues with law enforcement. The government does not recognize Polygamous marriages, which means that polygamous families do not have the same legal rights as other families. This can create problems regarding things like inheritance or child custody. Polygamy is often associated with poverty and gender inequality, child marriage, and forced marriage.

There are a lot of approaches to reconciling the opposing views of what the law is and polygamy traditions. One method is to examine each country’s polygamy history and observe how the law has evolved. Another option is to assess the present situation in each country and determine how polygamy is practised today. Polygamists’ freedom and the legal protection of women and children affected by the act must be recognized. In the U.S., for example, numerous court cases have been filed contesting the constitutionality of polygamy (McDermott, 2018). The argument in these cases has often been that polygamy infringes the constitutional rights of people who engage in it. Although there has been little litigation challenging polygamy’s legality in Nepal, there have been some attempts to modify the law to accept polygamous marriages (McDermott, 2018).

Consequences of Breaking the Law on Polygamy

In the United States, polygamy is illegal in all fifty states. The U.S. federal government defines polygamy as a marriage between two people of the opposite sex where one or both spouses are already betrothed to another individual (Bjrvik, 2017). In addition, those who engage in polygamy are not eligible for many government benefits, including social security, welfare, and food stamps (Lau, 2016). For example, polygamists are not eligible for government benefits in Utah, a state with a large Mormon population (Portman, 2021). Polygamy is legal in Nepal if the first partner agrees, if the husband is financially capable of supporting many wives and if the village elders approve. For example, in polyandry, a type of polygamy in which a woman has numerous partners, the first husband must agree to the woman marrying another man. If the first husband does not give his consent, then the second marriage is not considered legal.

Breaking the law on polygamy has consequences in both the United States and Nepal. Polygamy is a felony in the U.S., and individuals who indulge in it can face five years in prison (Portman, 2021). Additionally, polygamists are not eligible for many government benefits (Ward, 2015). On the other hand, polygamy can lead to social exclusion if it is done without the assent of the first wife or the village elders.

Conclusion

While polygamy is outlawed in the U.S. and is associated with various concerns, some Mormon fundamentalists continue to practise it. In Nepal, polygamy is restricted and punishable under the existing law because the country has not invalidated the second marriage. Based on the Muluki Criminal Code Act 2017, polygamy is prohibited, while section 74 of the Muluki Civil Act 2017 indicates that any couple who has a child can marry if they have physical relations (Nepal, 2021). Different solutions to harmonize the opposing views of the law and polygamy traditions can be applied. One method is to examine each country’s polygamy history and observe how the law has continued to evolve. In the U.S., for example, several court cases have been filed contesting the constitutionality of polygamy. The argument in these cases has often been that polygamy infringes the fundamental freedom of people who engage in it. In Nepal, there has been less litigation challenging the legality of polygamy; however, some continue to battle legalized polygamous marriages.

References

Adebayo, A. K., & Bankole,F. A. (2019). An appraisal of polygamy in contemporary family law practise: Validity and Challenges. African Journal of Law and Human Rights3(1).

Advocates & Legal Consultants. (2019). Prime Law Associates. Second marriage law in Nepal. Retrieved May 24, 2022, from http://www.primelawnepal.com/blog/20/second-marriage-law-in-nepal.html

Arangua, M. (2022, April 7). What is polygamy? Better Help. Retrieved May 24, 2022, from https://www.betterhelp.com/advice/marriage/what-should-you-know-about-polygamy

Atreya, A., & Kanchan, T. (2017). Legal status on sexual assaults—Is Nepal lagging way behind compared to international law? Indian Journal of Medical Specialities8(2), 60-63.

Bitton, D. (1977). Mormon polygamy: A review article. Journal of Mormon History4, 101-118.

Bjørvik, O. M. S. (2017). The Role and Effectiveness of National Action Plans as Soft Law Tools to Implementing United Nations Security Council Resolution 1325 on women, peace and security-With a case study of Nepal’s National Action Plan on Implementation of UNSCRs 1325 and 1820 (Master’s thesis).

Brooks, J. (2020, November 20). Explaining polygamy and its history in the Mormon Church. The Conversation. Retrieved May 24, 2022, from https://theconversation.com

Charsley, K., & Liversage, A. (2013). Transforming polygamy: migration, transnationalism and multiple marriages among Muslim minorities. Global Networks13(1), 60-78.

Gautier, A. (2020). Polygamy. Polygamy – an overview | ScienceDirect Topics. Retrieved May 24, 2022, from https://www.sciencedirect.com/topics/psychology/polygamy

Ghimire, A., & Samuels, F. (2014). Change and continuity in social norms and practises around marriage and education in Nepal. London: Overseas Development Institute.

Gordon, S. B. (2017). The Mormon question: Polygamy and constitutional conflict in nineteenth‐century America. Journal of Supreme Court History28(1), 14-29.

Gurung, J. B. (2012). Rapid cultural change: A case study of polyandry marriage system among the gurung community from upper Mustang, Nepal. Dhaulagiri Journal of Sociology and Anthropology6, 75-106.

Hardy, B. C. (Ed.). (2017). Doing the Works of Abraham: Mormon Polygamy—Its Origin, Practise, and Demise (Vol. 9). University of Oklahoma Press.

Himalayan, H. (2018). Laws related to polygamy contradictory. You are being redirected… Retrieved May 24, 2022, from https://thehimalayantimes.com/kathmandu/laws-related-to-polygamy-contradictory

Joshi, S. K., Kharel, J., Mentee, M. V., & WHO, G. (2008). Violence against women in Nepal: An overview. The Free Library.

Keenan, J. (2013, April 15). Next step: We need to legalize polygamy. no joke. Slate Magazine. Retrieved May 24, 2022, from http://www.slate.com

Lau, H. (2016). Marriage Equality and Family Diversity: Comparative Perspectives from the United States and South Africa. Fordham L. Rev.85, 2615.

McDermott, R. (2018). The meaning and meanness of polygyny. The Evils of Polygyny: Evidence of Its Harm to Women, Men, and Society, edited by Rose McDermott and Kristen Renwick Monroe, 8-32.

Nepal, N. (2021 January 1). Polygamy in Nepal. Is polygamy legal in nepal? Retrieved May 24, 2022, from https://polygamyinnepal-jampa.blogspot.com

News, N. (2022). Second-marriage laws in Nepal. Nepal news. Retrieved May 24, 2022, from https://nepalnews.com/s/issues/second-marriage-laws-in-nepal

Oman, N. B. (2013). A Judge Weakened Utah’s Anti-Polygamy Law. What Does This Say About Sex, Race, and Religion?

Portman, J. (2021, April 5). Family Law. Is Polygamy Legal In the United States? Retrieved May 25, 2022, from https://www.lawyers.com/legal-info/family-law/matrimonial-law

Syamsuddin, S. (2018). A Legal Debate on Polygamy: Classical and Contemporary Perspectives. ESENSIA: Jurnal Ilmu-Ilmu Ushuluddin19(2), 147-160.

Thapa-Oli, S., Dulal, H. B., & Baba, Y. (2009). A preliminary study of intimate partner violence among Nepali women in the United States. Violence Against Women15(2), 206-223.

Thobejane, T. D., & Flora, T. (2014). An exploration of polygamous marriages: A worldview. Mediterranean Journal of Social Sciences5(27 P2), 1058-1058.

Ward, C. M. (2015). I Now Pronounce You Husband and Wives: Lawrence v. Texas and the Practise of Polygamy in Modern America. Wm. & Mary J. Women & L.11, 131.

Weisbrod, C., & Sheingorn, P. (1977). Reynolds v. United States: Nineteenth-Century Forms of Marriage and the Status of Women. Conn. L. Rev.10, 828.

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