In many parts of the world, polygamy (a man having multiple wives) is practiced. When a man marries his second wife, what rights does she have under the law and in society? This article will examine the legal, financial, familial, and societal rights of second wives.
Can a man legally have multiple wives?
Whether or not polygamy is legal depends on the country and its laws. Many countries outlaw polygamy completely. However, in some parts of Africa, the Middle East, Asia and in some traditional societies polygamy is legal and culturally accepted. Usually, polygamy takes the form of polygyny – where a man can have multiple wives. Polyandry – where a woman takes multiple husbands – is far rarer.
Countries where polygamous marriages are legal include:
- Several countries in Africa including Algeria, Egypt, Kenya, Libya, Nigeria and South Africa
- Most Middle Eastern countries including Bahrain, Iran, Iraq, Jordan, Kuwait, Lebanon, Oman, Qatar, Saudi Arabia, Syria, and the UAE.
- Some South Asian countries like India, Pakistan and Sri Lanka allow Muslim men to have multiple wives under sharia law.
- In Indonesia, Malaysia and Singapore, Muslim men can legally have up to four wives.
- Some immigrant communities in Europe and North America practice polygamy as part of their culture and traditions.
However, polygamy is illegal in most Western countries like the USA, Canada, UK, Australia and New Zealand. The reasons given for banning polygamy include:
- It is considered immoral and objectifying of women in modern liberal societies.
- It violates principles of gender equality.
- It has potential for abuse and exploitation of younger, less powerful wives.
- It creates family complications – like rivalries between different wives and children.
What legal rights does a second wife have?
The legal rights of a second wife depends greatly on whether polygamy is legalized and what protections the law gives them. Some issues that impact their rights include:
Official marriage status
In some countries, only the first marriage is legally recognized. Subsequent marriages are considered de facto but not de jure – in practice but not in law. This denies subsequent wives full legal status and rights. Often they are not eligible for state benefits, pensions etc. Some countries now legally recognize and register all marriages, giving additional wives legal protections.
Property and inheritance rights
In polygamous legal frameworks, property, assets and inheritances are divided between wives and children. Pre-nuptial agreements may stipulate distributions. Laws may mandate equal distribution or allow discretion. In practice, senior wives and sons typically get preferential shares. Junior wives often lose out, getting smaller properties and assets.
Custody
If the husband dies or divorces, custody rights over children often favor first wives. Junior wives may have little or no rights over their biological children. Child custody battles can arise between multiple wives.
Divorce rights
Wives who are trapped in abusive, loveless polygamous marriages should be able to divorce and claim maintenance and assets. But not all countries give wives an equal unilateral right to divorce. The husband’s consent may be required. Or the wives may not get a fair share of assets if they do divorce.
Domestic violence and marital rape
Polygamous relationships have higher rates of domestic violence. Junior wives are often physically abused and legally unprotected. Marital rape may not be criminalized. Junior wives have little ability to escape violent marriages and may not be able to claim compensation.
Thus the degree of legal rights depends on whether the country’s laws and legal system provide adequate protections to wives in polygamous marriages. Often junior wives are severely disadvantaged, unprotected and denied equal status and rights.
What financial rights does a second wife have?
The financial rights of a second wife also depend greatly on the country’s laws. Some issues impacting her financial rights are:
Right to maintenance
In countries where polygamy is legal, husbands are usually required to provide maintenance to all wives and children. But junior wives often get lower allowances compared to senior wives. Financial disputes may arise. Jr. wives have little recourse if husbands default on maintenance payments.
Right to own and inherit property
In many traditional polygamous communities, wives cannot own or inherit property independently. Any assets they receive are controlled by their husband. So junior wives have no financial security or independence.
Share of husband’s income and assets
The husband’s income and wealth has to be divided between the household. Junior wives typically get far less than an equal share. First wives control most of the assets and dictate budgets. Financial dependence on the husband leaves junior wives vulnerable if he dies or deserts them.
Dowry
Taking a second wife usually requires payment of a dowry to her family. This dowry is often controlled by the husband and first wife. The junior wife cannot use it for herself. Some husbands take new wives solely to acquire large dowries.
Right to work
In conservative polygamous communities, wives may be prohibited from working and earning independent incomes. Financial dependence and fear of destitution prevent wives from leaving, even from abusive situations.
Thus junior wives are often financially disadvantaged, with reduced maintenance rights, property shares, and no earnings or assets of their own.
What rights does a second wife have within the family?
The second wife’s rights and status within the polygamous family unit are heavily influenced by these factors:
Social status
The second wife often has lower status than the first wife. First wives can exert control over junior wives, especially if they have sons. The second wife has to defer to the first wife’s authority and may be treated more like a servant.
Relationship with husband
The marital relationship is typically less close. The second wife gets less time, attention, and intimacy from her husband compared to the first wife. He may not evenly divide nights between wives.
Rivalry between wives
Co-wives compete for the husband’s financial resources and affection. Bitter rivalries, gossip, and physical violence can arise. Junior wives are often powerless in these conflicts.
Relationship with children
The second wife may be discriminated against by children of the first wife, affecting her marital satisfaction. Disputes over unequal inheritance between children of different wives causes resentment.
Accommodation
The husband usually provides separate housing for each wife. But junior wives often get lower quality and smaller accommodation. They have limited say in living arrangements.
Right to equal treatment
The second wife has lower status and gets less money, time, attention, and affection from the husband. But she has a right to be treated with dignity and respect, which is often lacking.
Thus the second wife’s family rights are limited by her inferior position in the household hierarchy and lack of power.
What are the societal and cultural attitudes towards second wives?
Second wives face many social challenges, prejudices, stigma and discrimination:
Social stigma
Junior wives are looked down upon as being of lower status and morals. They may be incorrectly assumed to be immoral, homewreckers, or husband-stealers.
Marginalization
Polygamous families are often excluded from social circles, events, and communities. Second wives lack social support systems.
No role models
Young girls lack polygamous role models in modern media, arts, and public life. The glamorized ideal is a monogamous family.
Legal double standards
Women in polygamous unions may be treated with suspicion and discriminated against under legal pretexts, even where polygamy is legal.
Barriers to employment
Polygamous women face obstacles getting jobs, establishing businesses, and career progression because of social prejudice.
Religious views
Conservative religious leaders often promote polygamy and justify disadvantages faced by co-wives.
Male-centered views
Male rights over women underlie the practice of polygamy. These patriarchial attitudes negatively affect how second wives are treated.
Women’s rights activism
Women’s rights groups largely oppose polygamy and campaign for women’s equality and autonomy instead. But this sometimes alienates marginalized polygamous families.
Thus second wives face tremendous social, religious, cultural, and economic discrimination – severely limiting their rights and life opportunities.
What can be done to improve the rights of second wives?
Expanding the rights of women in polygamous unions requires legal and socio-cultural changes:
Legal reforms
- Recognize polygamous marriages legally to extend legal rights.
- Pass laws mandating equal property rights for wives.
- Grant social benefits to all wives.
- Ensure equal rights to divorce and maintenance.
- Criminalize domestic violence and marital rape.
- Prohibit underage marriage.
- Legally require minimum marriage age.
- Enforce compulsory education for girls.
Economic empowerment
- Provide vocational skills training for women.
- Give access to microfinance for self-employment.
- Support rights of wives to work outside home.
- Equal pay and labor rights for women.
Social change
- Awareness campaigns against wife discrimination.
- Normalize polygamy in media and popular culture.
- Provide psychological support services.
- Encourage progressive religious interpretations.
- Promote gender equality and female education.
- Involve men and boys in activism.
Local community-building
- Set up women’s self-help groups.
- Organize skills training and literacy classes.
- Create social forums and support networks.
- Provide childcare facilities.
- Encourage interaction with monogamous families.
- Celebrate positive role models.
A holistic combination of legal reforms, economic empowerment, societal change, and grassroots community-building is required to expand rights and opportunities for second wives around the world.
Conclusion
Second wives have limited rights and face discrimination across legal, financial, familial and sociocultural spheres. Reforming laws to recognize polygamous marriages can extend protections. Economic initiatives and social activism are needed to empower women in polygamous communities and make them aware of their rights. With growing global consciousness about gender equality and female autonomy, the rights of all women – including those in plural marriages – are gradually expanding around the world.
