1. Objectifs

Intentions :
In this chapter, the author wants to show that «[t]he issue – and rejection – of polygamy is deeply rooted in Western history and legal thought. Influenced by religious and civil concerns, the law’s outlook on this practice is as clear in its position as its foundations are ambiguous.»

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«Under the strong influence of Christian religion, Western secular legal frameworks and social practice rejected polygamy, without necessarily being able to totally eradicate it. Occurrences of bigamy and, more rarely, polygamy still appeared in judicial annals. Confronted with religious dissidence and philosophical debates in support of a greater tolerance of the practice, states held fast to the principle of criminalization, which they nonetheless had to relax in the context of their colonial empires of the 19th century. Despite sometimes virulent debates, successive legal reforms have maintained the criminalization of and restrictions on polygamy in the Western legal tradition, albeit imperfectly. The legal response to polygamy has always been insufficient, either in that the practice has always endured, or in that the integration of foreign legal and religious models provoked permanent friction and contestation. Areas of confrontation between different legal, religious and social traditions remain significant, and the difficult integration of the polygamous practices of Mayotte in the French legal framework shows that it is still necessary to be highly pragmatic and to provide for temporary transitional solutions, just like in the past, in order to allow a conciliation of interests, rights, and values.» (p. 34-35)