Polygamy: Historical Aspects and Contemporary Issues

Abstract

Introduction. The discussion and writing of this article were prompted by the issuance of a fatwa by the Spiritual Administration of Muslims of Russia (hereinafter referred to as the SAM) permitting polygamy and its support by the Chief Mufti of Moscow. On December 19, 2024, the SAM Council of Ulema permitted Muslims to enter into up to four religious marriages. According to the SAM, this was permissible if the spouse was unable to have children due to health reasons, the end of reproductive age, or other reasons, or if she did not wish to bear children.

Materials and methods. The materials and methods are presented through reference to contemporary family and criminal law doctrine, the historical practice of applying criminal law on liability for polygamy, and the integrated use of general scientific methods such as dialectics, logic, comparison, juxtaposition, induction, deduction, generalization, and division, as well as the following specific scientific methods of cognition: comparative legal, formal logical, and systemic-structural.

Research results. An analysis of the history of polygamy, as well as current legislation in terms of the prerequisites and possibilities for marrying multiple women, demonstrated the inadvisability of amending family law regarding the possibility of marrying multiple women (polygamy), and the need to amend the Criminal Code to include an article on polygamy.

Discussion and conclusion. The state's policy of supporting monogamy should be recognized as correct, as it contributes to the regulation of family relations and the formation of correct and traditional values not only among spouses but also among the younger generation.