Polygamy vs Bigamy: Difference and Comparison

Polygamy involves a person having multiple spouses simultaneously, within a cultural or religious context where it’s permitted. Bigamy, however, is the act of marrying someone while already legally married to another person, considered illegal in many jurisdictions due to its deceptive nature and potential harm to individuals involved.

Key Takeaways

1. Polygamy is the practice of having more than one spouse simultaneously, while bigamy is the crime of marrying a person while still legally marrying someone else.
2. Polygamy is common in some cultures and religions, while bigamy is illegal and punishable by law in most countries.
3. Polygamy may or may not involve the consent of all parties involved, while bigamy is always done without the knowledge or consent of the second spouse.

Polygamy vs Bigamy

The difference between polygamy and bigamy is that polygamy is used to connote the act of having multiple spouses at the same time. In contrast, bigamy connotes the act of marrying an individual while being legally married to another.

Bigamy is used as a legal in a court of law to condemn the practice of entering into a second marriage contract without securing legal severance from the first one.

Comparison Table

Feature	Polygamy	Bigamy
Number of Spouses	Having multiple spouses at the same time, with knowledge and consent of all parties involved.	Being legally married to two people at the same time, with deception involved. In most cases, one or both spouses are unaware of the other marriage.
Legality	Illegal in most countries, including the United States. However, it is practiced in some cultures and religious communities.	Illegal in all countries. Considered a crime and punishable by law.
Motivation	Often based on religious beliefs, cultural traditions, or economic factors.	Usually driven by personal motives, such as deceit, infidelity, or financial gain.
Transparency	All parties involved are aware of the multiple marriages.	Deception is involved, with one or both spouses being unaware of the other marriage.
Social Acceptance	Varies depending on the culture and religion. May be accepted in some communities but condemned in others.	Generally not accepted by any society and considered morally wrong.

What is Polygamy?

Polygamy is a marital practice where an individual has multiple spouses simultaneously. This arrangement can take various forms and is deeply rooted in cultural, religious, or social traditions.

Polygamy into two primary types

1. Polygyny:

Polygyny involves a man having multiple wives concurrently. It has been historically practiced in various societies worldwide and continues to be prevalent in certain cultures today. In polygynous societies, a man may marry multiple women, and these marriages may be formalized through legal or customary procedures. Polygyny arises from cultural norms, economic considerations, or religious beliefs that permit or even encourage multiple marriages for men.

2. Polyandry:

Polyandry is less common and involves a woman having multiple husbands at the same time. While rarer than polygyny, polyandry has been observed in some societies, particularly in regions where resources are scarce or where economic factors drive the practice. Polyandrous arrangements may arise due to factors such as land inheritance, labor division, or population pressures.

Polygamous unions can vary widely in terms of structure, dynamics, and social acceptance. In some cultures, polygamy is accepted and integrated into legal and social frameworks, while in others, it may be outlawed or stigmatized.

What is Bigamy?

Bigamy is a form of unlawful marriage that occurs when an individual enters into a second marriage while still legally married to another person. Unlike polygamy, which may be permitted under certain cultural or religious contexts, bigamy is universally considered illegal in most jurisdictions due to its deceptive nature and potential harm to the individuals involved.

Legal Definition and Consequences

Bigamy is defined as the act of knowingly and intentionally marrying someone else while already being married to another person. The legality of marriage requires that both parties are free to marry, meaning they are not already legally bound to someone else. Therefore, entering into a second marriage without dissolving the first is considered fraudulent and invalid. In many jurisdictions, bigamy is a criminal offense punishable by fines, imprisonment, or both.

Motivations and Circumstances

• Desire for additional companionship or intimacy.
• Financial gain or exploitation, such as obtaining spousal benefits from multiple partners.
• Immigration fraud, where individuals marry multiple partners to gain citizenship or residency rights.
• Psychological or emotional issues leading to a disregard for legal and moral boundaries.

Legal and Social Implications

In addition to criminal penalties, bigamy can have far-reaching legal and social consequences. The second marriage is considered void from its inception, meaning that the parties involved have no legal rights or protections as spouses. This can affect issues such as property ownership, inheritance rights, and child custody arrangements. Furthermore, bigamy can damage trust and reputation, leading to social stigma and strained relationships with family, friends, and the broader community.

Detection and Prevention

Detecting and preventing bigamy relies on thorough background checks and documentation. Marriage license applications require individuals to declare their marital status, and legal systems maintain records of marriages to prevent unauthorized unions.

Main Differences Between Polygamy and Bigamy

• Legal Status:
  • Polygamy may be legal or culturally accepted in certain societies, particularly in contexts where it’s regulated by law or religious doctrine.
  • Bigamy, on the other hand, is universally illegal in most jurisdictions due to its deceptive nature and violation of legal marriage norms.
• Number of Spouses:
  • Polygamy involves an individual having multiple spouses simultaneously, which can include both polygyny (multiple wives) and polyandry (multiple husbands).
  • Bigamy refers specifically to the act of marrying a second spouse while still legally married to another, resulting in only two spouses.
• Consent and Awareness:
  • In polygamy, all parties involved consent to and are aware of the multiple marriages, whether through cultural acceptance, religious beliefs, or legal agreements.
  • Bigamy involves deceit, as the second spouse is unaware of the existing marriage, leading to legal and emotional complications.
• Legal Implications:
  • Polygamous marriages may be recognized or regulated by law in certain jurisdictions, with rights and responsibilities assigned to each spouse.
  • Bigamy is considered fraudulent and void from its inception, leading to legal penalties such as fines or imprisonment, and resulting in the invalidation of the second marriage.

References

1. https://www.jstor.org/stable/4505897
2. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/duklr67&section=5
3. https://onlinelibrary.wiley.com/doi/abs/10.1002/9781119085621.wbefs297