While a higher ratio of women in the population is often argued as a reason for polygamy, South Africa is considering legalizing polyandry, the practise of women having more than one husband, for equality. The country is one of the few states where polygamous marriages are legal.
Now the country is considering legalizing polyandry since it has already done so for polygamy. In over 3/4 of the world polygamous marriages are illegal.
There are cultures in which women having multiple husbands – polyandry – is a norm and practised much like polygamy. Contemporary examples include the Plateau of Tibet, a region shared by India, Nepal, and the Tibet Autonomous Region of China, and the Marquesas Islands in the South Pacific.
According to media reports, the country is considering the move as an effort towards equality in South Africa, said state sources. These media reports state that country’s existing marriage law accepting polygamy is based on the Calvinist Christian and Western traditions. The marriage equality proposal was submitted by South Africa’s Department of Home Affairs in a green paper. According to the paper;
“There is a need for an overarching policy that is based on constitutional values and the understanding of modern social dynamics.”
The paper states that the current marriage law is flawed. It notes how the existing law allows the marriage of minors and fails to retain a marriage if one of the parties in a marriage agreement undergoes a sex change. Observations such as these led to the need for more contemporary law.
Human rights activists who were consulted in the process of writing the paper say, equality demands that polyandrous marriage be legally recognized much as polygamy is recognized as a form of marriage.
Officials asserted that a ‘gender-neutral’ marriage regime is also an option. This would mean South Africa would do away with categorizing marriages along lines of race, sexual orientation, religion, and culture.
Meaning the country could potentially adopt a ‘dual system of either monogamous or polygamous marriages. This would then in turn allow polyandry or polygamy, due to the ‘gender-neutral’ requirement.
However, the country’s conservatives argued that polyandry and polygamy are entirely different. Reality TV star Musa Mseleku spoke out against the potential law calling for people to ‘defend culture’.
“Let us defend our culture, tradition, and customs by participating in this process. Let’s object to polyandry outright.”
The conservative claimed to be ‘pro-equality, saying his concern against polyandry is the paternity of children in polyandrous marriages, as though paternity testing did not exist in this day and age. Similarly, Christian religious leader of the African Christian Democratic Party, Reverend Kenneth Meshoe said polygamy is accepted and polyandry would spell disaster because ‘men are jealous’.
“The differences between the sexes would spell disaster for such unions. Polygamy is ‘an accepted practice’ while polyandry would fail because ‘men are jealous and possessive’.
While conservative Netizens agreed with other conservative voices, just as many spoke in favour of the law. When it comes to the legal acceptability of polygamy is exists largely in African and Middle Eastern states where it is a cultural practice. Meanwhile, in the rest of the world, the practice is outlawed.
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