Polygamy as a cross-cultural dispute in Europe : the extent to which polygamy can be given effect in European legislations

Abstract

Polygamy, a system where one marries multiple spouses, is a concept that is known in certain non-European countries. However, due to migration flows, polygamous cases came to Europe, obliging judges to deal with a matter that is not even possible for the European state’s own citizens. The most common form of polygamy is polygyny, a pre-Islamic practice that continued in Islam, where one man can marry up to 4 women. In this context, polygamy can be a dimension of freedom of religion. The purpose of this thesis is to analyze whether freedom of religion can be called to legitimize polygamous situations in a state that does not allow it in its legal system. If polygamy falls under the concept of freedom of religion, the question is whether limits can be set on this religious freedom when any form of discrimination arises from the polygamous situation.