Countries: Somalia
Variables: POLY-LAW-2

"The first wife does not have more rights than the second, third, or fourth wife. They all will equally share the inheritance equally" (1).

Countries: Cameroon
Variables: IAD-PRACTICE-1, POLY-LAW-2

"En ce qui concerne l’accès à la terre et la gestion des ressources, la femme n’hérite pas autant que ses frères utérins. Elle n’a qu’un droit d’usage sur les ressources. Seuls les hommes ont le droit de posséder la terre, et dans le cas des ménages polygamiques, les femmes épousant le même homme sont appelées à cultiver les terres appartenant à leur époux" (para 4). Translation: With regard to access to land and management of resources, women do not inherit as much as their uterine brothers. It has only a right of use over resources. Only men have the right to own the land, and in the case of polygamous...more

Countries: Djibouti
Variables: POLY-LAW-2

“Article 114 : Deux cas se présentent quand il y a une ou plusieurs épouses : 1°) Le quart est attribué à une ou plusieurs épouses en cas d’absence de descendants du mari ou de descendants du fils, même s’ils sont d’un degré inférieur, 2°) Le huitième seulement leur est attribué en présence de descendants du mari ou de descendants du fils, même s’ils sont d’un degré inférieur” (28). Translation: Art.114: Two cases arise when there are one or more spouses: 1°) the quarter is assigned to one or more spouses in case of inexistence of descendants of the husband or descendants of the son, even if they are of...more

Countries: Ethiopia
Variables: POLY-LAW-2

“Polygamous marriages make the issue of land rights complex, especially in the division of use rights among several women. In practice, the oldest wife has access to land because only one wife is allowed to register. Such use rights are vulnerable and are subject to contestation upon dissolution of marriage. In the SNNPR and Oromiya regions, polygamous wives' resistance has resulted in a change in the registration and certification system so that the husband's name can be included on the certificate with his first wife and with his later wives" (para 10-11)

Countries: Gambia
Variables: PW-PRACTICE-3, POLY-LAW-2, POLY-LAW-3

"Marriages often were arranged and, depending on the ethnic group, polygyny was practiced. Women in polygynous unions had property and other rights arising from the marriage. They also had the option to divorce, but no legal right to disapprove or be notified in advance of subsequent marriages" (para 105)

Countries: Lesotho
Variables: IAW-PRACTICE-1, IAW-LAW-1, IAW-LAW-2, IAD-LAW-1, POLY-LAW-2

"According to the law on inheritance, sons and daughters have equal inheritance rights to property, as do female and male surviving spouses. In addition, the Lesotho Land Act of 1997 allows widows to stay in the matrimonial home provided they do not remarry, thereby giving the widow usufruct rights and not ownership rights. Under customary law, however, it is reported that daughters do not have the same inheritance rights as their brothers. First-born sons are typically considered to be the heirs to land and other property. In cases where there is no male heir, the (senior) wife is expected to consult the family of her deceased husband" (2)more

Countries: Mozambique
Variables: POLY-LAW-1, POLY-LAW-2

One aspect of polygamous marriages that influences succession and inheritance practices is the hierarchy that exists among wives. The first wife, also called the great wife, is regarded as the woman with most power and privileges in the family. According to the data gathered during the fieldwork, in the central provinces of Manica and Zambézia this means that the first son of the first wife would be considered the principal heir of his father’s possessions the children of other wives dependent on his willingness to share. In Gaza province in the south, however, the power of the first wife and her offspring seems to be more symbolical. It was reported...more

Countries: United Arab Emirates
Variables: POLY-LAW-2

"The law permits a man to have as many as four wives" (p. 25).

Countries: Rwanda
Variables: PW-LAW-1, POLY-LAW-2

"Common law and polygamous marriages are not recognized; thus, common law wives and junior wives in polygamous marriages do not receive the marital rights granted in the Constitution or the Succession Law" (120)

Countries: Senegal
Variables: POLY-LAW-1, POLY-LAW-2

"Title II of the Family Code deals with intestate inheritance rights. The lineage is divided into 'legitimate' heirs, 'natural' heirs and 'joined' heirs. Articles 520-528 specify the possible legitimate descendants and their ranking: the one with the highest degree of consanguinity is always first in line; thus, first the children and their descendants, if any; thereafter the deceased’s ascendants; then collateral parents and, finally, the surviving spouse. In order to inherit her/his full share, a child born out of wedlock must be recognised and accepted by the natural father’s wife, and by all his wives in a polygamous marriage. The inheritance of an unrecognised child is only half that of...more

Countries: Senegal
Variables: POLY-LAW-2

"Parties to a polygamous marriage may choose between the 'dote' regime and a 'separation of property' system: Under the 'dote' regime the husband is the sole owner and administrator of the marriage property, and the only property at a wife’s personal disposal for the duration of the marriage is her dowry. Under the 'separation of property' system, each spouse maintains ownership of the property he or she brought into the marriage or acquires during the subsistence of the marriage. However, the husband may designate personal property acquired by him during the marriage (and thus considered his) as belonging to a particular spouse; the designated property then becomes that spouse’s property...more

Countries: Sierra Leone
Variables: IAW-LAW-1, POLY-LAW-2

"Under customary law, a woman cannot inherit her deceased husband’s property" (para 13).

Countries: Singapore
Variables: POLY-LAW-1, POLY-LAW-2

"Section 8: If any person so dying intestate leaves surviving him more than one wife, such wives shall share among them equally the share that the wife of the intestate would have been entitled to, had the intestate left only one wife surviving him" (para 19)

Countries: Swaziland
Variables: POLY-LAW-1, POLY-LAW-2

""A month after the husband’s death, the lusendvo or family council, which consists of the wife’s in-laws, meets to decide upon the heir. The heir (always a male) is chosen according to his mother’s seniority-ranking and status. In polygamous marriages, the eldest son of the highest ranking woman ‘wins’ the status of heir to his father’s estate and is known as inkhosana, or head heir. Widows’ (and thus heirs’) seniority in a polygamous marriage is determined according to the following scheme of preference: 1. A widow of royal blood; 2. A widow who has the same clan name as that of the deceased’s mother. (Such a wife is considered a...more

Countries: Tanzania
Variables: IAW-PRACTICE-1, IAD-PRACTICE-1, POLY-LAW-1, POLY-LAW-2

"The statutory deference granted to both customary law and Islamic law in mainland Tanzania is particularly discriminatory toward polygamous co-wives. Under Islamic law, a Muslim man is allowed to marry up to four wives. Contrary to customary law, Islamic law does allow widows and daughters to inherit, although the amounts allotted to each are half that allotted to their male counterparts. Islamic law explicitly provides that widows and daughters only get one-half of the property interest of men in the same familial position. Specifically, widows with children are entitled to one eighth of their spouse’s estate, whereas a widower with children is entitled to one-fourth. A widow without children is...more