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UK: Second wife for Muslims: Muslim Polygamy Matchmaking

The ambiguities of ’ British secularism’ and their consequenes

Friday 3 November 2017, by siawi3

Source: researchbriefings.files.parliament.uk/documents/.../SN05051.pdf

House of Commons Library
BRIEFING PAPER
Number 05051, 21 June 2017
Polygamy

21 June 2017

Summary 3
1. The recognition of polygamous marriages 4
1.1 What is polygamy? 4
1.2 Polygamous marriages which take place in the UK: not legally valid 4
1.3 Polygamous marriages which take place in another country: may be recognised 5
1.4 Calls for registration of all marriages taking place in the UK 6
Private Member’s Bill 6 Policing and Crime Bill 6 Casey Review 7
2. Immigration issues 8
3. Polygamy: social security benefits 9
3.1 Labour Government review of social security benefit rules 10
3.2 Universal Credit 11
4. The state pension and polygamous marriages 13
4.1 The State Pension 13
5. Number of polygamous marriages 17
5.1 Parliamentary question: no formal estimate 17
5.2 The Casey Review: unregistered polygamy “more commonplace” than expected 17

Polygamy
Summary
Polygamy is the practice of having more than one wife at the same time.
This briefing paper deals with when polygamous marriages might be legally recognised; immigration issues; social security benefits and pension entitlement.
Legal recognition
In order to be recognised as legally valid, all marriages which take place in the United Kingdom must be monogamous and must be carried out in accordance with the requirements of the relevant legislation. For a polygamous marriage to be considered valid in the UK, the parties must be domiciled in a country where polygamous marriage is permitted, and must have entered into the marriage in a country which permits polygamy.
There is some anecdotal evidence of people entering into polygamous marriage in the UK through religious ceremonies that are not registered by the state and are not recognised under UK law. The Casey Review into opportunity and integration, published in December 2016, found that “the practice of ‘unregistered polygamy’ appears to be more commonplace than might be expected” and that this had a negative impact on women. Calls have been made for all marriages taking place in the UK to be registered.
No formal assessment is made of the number of polygamous households.

FULL report here

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Source: https://en.wikipedia.org/wiki/Polygamy_in_the_United_Kingdom

Polygamy in the United Kingdom

From Wikipedia, the free encyclopedia

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under the s.11 of the Matrimonial Causes Act 1973.

Polygamous marriages legally performed in another country where the law allows it are legally recognised for the purposes of welfare benefits, but not for pension, immigration or citizenship purposes.[1][2] It is unofficially believed that there are up to 20,000 polygamous marriages in the Muslim community of the U.K.[3] There are also social media platform for polyagamous match-making such as SecondWife.[4]

Contents
1 England and Wales
2 Scotland
3 Northern Ireland
4 References
5 See also

England and Wales

Bigamy is a statutory offence in England and Wales. It is committed by a person who, being married to another person, goes through a ceremony capable of producing a valid marriage with a third person. The offence is created by section 57 of the Offences against the Person Act 1861:
“ Whosoever, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for any term not exceeding seven years ... : Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. ”

This section replaced section 22 of the Offences against the Person Act 1828 for England and Wales,[5] which replaced section 1 of 1 Jac 1 c 11 (1603).[6] This section replaces section 26 of the Act 10 Geo. 4 c. 34 for Northern Ireland.[5]

Subsequent case law has allowed exceptions for cases where the defendant believes on reasonable grounds that their first spouse is dead[7] or that the marriage has been dissolved.[8]

Bigamy is triable either way.[9] A person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[10] or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.[11][12]

Relevant cases are:
R v Crowhurst [1979] Crim. L.R. 399
R v Smith 1994 15 Cr App R (S) 407
R v Cairns [1997] 1 Cr App R (S)
R v Bajlu Islam Khan, Karen Mary Kennedy [2004] EWCA Crim. 3316
R v Trigger Alan, Mike Seed and Philip Stark [2007] EWCA 254, [2007] 2 Cr. App. R. (s) 69
R v Arthur William Ballard [2007] 2 Cr. App. R. (S) 94

Scotland
Bigamy is an offence under the law of Scotland.[13]

Northern Ireland
In Northern Ireland, a person guilty of bigamy is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years,[14] or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.[15]

References:

1. UK legally recognises multiple Islamic wives. Arabian Business, 4 February 2008.
2. 1,000 men living legally with multiple wives despite fears over exploitation Times online
3. The men with many wives by Channel 4
4. Ltd, Rivers of Honey. "Muslim Polygamy Matchmaking | SecondWife.com". www.secondwife.com. Retrieved 2016-07-06.
5. James Edward Davis. The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory. Butterworths. 1861. Pages 276 and 277.
6. R v. Taylor [1950] 2 All ER 170, CCA
7. R v. Tolson [1889] 23 QBD 164
8. R v. Gould (1968)
9. The Magistrates’ Courts Act 1980 (c.43), section 17(1) and Schedule 1, paragraph 5(i)
10. The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act 1948 (11 & 12 Geo.6 c.58), section 1(1)
11. The Magistrates’ Courts Act 1980 (c.43), section 32(1)
12. For case law on sentencing, see: "Sentencing Manual", cps.gov.uk (2013-03-20 revised ed.), Crown Prosecution Service, archived from the original on 2014-12-02 |contribution= ignored (help)
13. Stair Memorial Encyclopedia
14. The Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 57; the Criminal Justice Act (Northern Ireland) 1953, section 1(1)
15. The Magistrates’ Courts (Northern Ireland) Order 1981 (No.1675 (N.I.26)), article 46(4)

See also: Marriage in the United Kingdom Polygamy

Polygamous marriage by country

Performed legally Nationwide
Afghanistan Algeria Bahrain Bangladesh Bhutan Brunei Cameroon Chad CAR Comoros Congo Djibouti Egypt Gabon The Gambia India Indonesia Iran Kenya Kuwait Libya Maldives Mauritania Morocco Myanmar Oman Pakistan Qatar Saudi Arabia Senegal Singapore Somalia Sri Lanka Sudan Tanzania Togo Uganda UAE Yemen Zambia

Statewide
Iraq1 Nigeria2 Palestine Gaza Strip West Bank Syria1

Recognized if performed legally abroad :
Australia (2008) New Zealand (1980) United Kingdom (2008; welfare only)

Recognized under customary law :
Botswana Burkina Faso Equatorial Guinea Guinea-Bissau Hong Kong (performed until 1971) Jordan Lebanon Lesotho Liberia Malawi Mali Malaysia Mozambique Namibia Niger Nigeria Sierra Leone South Africa Swaziland Zimbabwe

Other countries and regions:
Angola Benin Burundi Canada DR Congo Côte d’Ivoire Eritrea Ethiopia France Ghana Guinea Iraqi Kurdistan Kazakhstan Kyrgyzstan Laos Mauritius Mexico Mongolia Niue Russia Rwanda Tajikistan Thailand Tunisia Turkey Turkmenistan United States Uzbekistan Vietnam

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Source: https://www.secondwife.com/

SecondWife.com
Muslim Polygamy Matchmaking

So why SecondWife.com?

We are a Muslim polygamy matchmaking service. We set up this service as we believed this is a Sunnah we needed to revive.
This service is for practising Muslims who are seeking marraige and accept polygamy as lifestyle

Creating bad publicity for Muslims?
Window shoppers on SecondWife.com
Case studies from our members

What’s polygamy?

This is where an individual has more than one spouse and everyone is in agreement. This is not cheating and certainly is not bigamy. Polygamy is a choice and a way of life for thousands of people worldwide.

What’s a polygamist?

A polygamist is someone who practises polygamy. Most commonly this will be one man with multiple wives and this is becomes family unit.
All the wives are friends and are to be treated as equals.

“then marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly, then only one”
- Quran 4:3

Features
Largest Muslim polygamy matchmaking service available
Secure SSL connection at all times
Mobile Friendly Site
Private profile only accessible to members
Verified profiles. No fakes allowed!
Unlimited searches with no restrictions
Save favourites and view your interests
All of your images are private to free members
Contact other members for free

Testimonials

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Source: https://www.thesun.co.uk/news/4761386/polygamy-site-muslim-second-wife-polyamory/

Fury over polygamy site designed to find Muslims a second wife that ‘treats women like ornaments’

The founder of secondwife.com has claimed polygamy is more ’honourable’ than having affairs or using prostitutes

By Richard Wheatstone

25th October 2017, 9:11 am
Updated: 26th October 2017, 4:52 pm

A POLYGAMY website designed to help Muslim men find second wives has been slammed for ’treating women like ornaments’.

Secondwife.com claims it has around 25,000 users in the UK and more than 100,000 across the globe.
The secondwife.com website claims it has more than 100,000 users
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The secondwife.com website claims it has more than 100,000 users

The site brands polygamy as more ’honourable’ than having an affair or using prostitutes and claims it builds ’bigger and better families’.

But politicians and campaigners have called for the site to be shut down amid claims it is allowing women to be exploited and leaving them with no legal rights.

Bigamy is illegal in the UK but the law does not cover religious marriages. Islam allows men to take several wives as long as they deal "justly" with each of them.

The main page of the website quotes a passage of the Quran, saying: "then marry women of your choice, two or three, or four, but if you fear that you shall not be able to deal justly, then only one".
Azad Chaiwala claims his website helps build bigger and better families
Rex Features
5
Azad Chaiwala claims his website helps build bigger and better families
Campaigners have warned Muslim women could be exploited by second marriages (file picture)
Getty - Contributor
5
Campaigners have warned Muslim women could be exploited by second marriages (file picture)

Founder Azad Chaiwala, from Sunderland, launched the website during his own search for a second wife and has claimed it benefits women as well as men.

He told BBC Inside Out: "The second wife website came about from my need, and thinking there’ll be other people in my situation.

"There are other deceiving ways of doing it - affairs, prostitution etc. - those are not necessarily good for relationships. Here it’s more honourable.

"It takes two hands to clap; a guy can’t do it on his own. "We’ve got so many successful marriages and so many women signed up themselves…they are opting to enter this kind of relationship."
Mr Chaiwala launched the website while searching for a second wife himself
Rex Features
5
Mr Chaiwala launched the website while searching for a second wife himself
Jess Phillips has accused the site of treating women like commodities
Getty - Contributor
5
Jess Phillips has accused the site of treating women like commodities

One man, Tarek, a doctor from Yorkshire who has signed up to the website, said he wanted a second wife as he feels he has ’more to give’ outside his current marriage.

He said: "I found there were a lot of ladies who are growing old, or divorced, or single mothers, and nobody’s really interested in them.

"I thought ’well if I have the ability to manage more than one wife then I would like to have this opportunity’.

"I’m not just doing it to have, I’m doing it to give."

But Jess Phillips, a Labour member of the Commons women and equalities committee, said the site should be outlawed and treats women as ’commodities’.
What the law says on polygamy

The Offences Against the Person Act states it is illegal for someone to marry if they are married to someone else.
The offence carries a maximum of seven years in prison, but does not apply to people living in the UK who have married multiple women abroad.
If a religious marriage conducted in a place of worship is not registered seperately under civil law, then it is not covered by the law.
Polygamy is permitted in Islam as long as the man can deal with each of his wives "justly".
The Quran states: "then marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly, then only one"
Such marriages are often ruled upon by imams or scholars rather than by the courts.

She said: "The popularity of this site worries me deeply.

"This site should be outlawed for UK use and follow the law in the UK which does not allow this.

"Women are not a commodity, they are not domestic slaves. People cannot be collected like ornaments."

Shaista Gohir, of the Muslim Women’s Network, told The Times polygamous marriages often leave women open to exploitation.

She said: “What is very concerning is that there will be men exploiting vulnerable women through polygamy.

"I have heard of situations where men marry women, have sex with them, and move on to the next woman.”

Khola Hasan, a scholar at the Islamic Sharia Council in London, which does not conduct second marriages, added: “Often [second wives] don’t have any legal rights.

"After a divorce or death, the first wife can inherit everything and children could be left out.”

A secondwife.com spokesman denied the website flouts the law.

He added: "Currently we have 25,000+ active members in the UK. Over the three years we have been running the UK has often been in our top three countries.

"Monogamous marriages currently have the largest proportion of abusers. Far more than those that occur in polygamous marriages.

"The marriage isn’t the cause of any abuse. The abuser is the cause of abuse."