Causes et conséquences de la polygamie

INTRODUCTION

Long practiced in our ancestral societies, especially in Muslim families, polygamy remains one of the patrimonial regimes in force in Burkina Faso and recorded as such in the family code. It has many advantages but also disadvantages.

DEVELOPMENT

Advantages A-

Lapolygamy is, in all its aspects, an ancestral practice even if it is still tolerated in our modern societies. Its benefits were mostly socio-economic. As births were not limited, each woman in the household procreated as she wished, thus offering a very large workforce at home. In addition to their duty of production, children (especially boys) also had a role in protecting family members and maintaining livestock. The girls were employed in household chores while waiting to join their marital home one day.

B-Cons

In contrast, polygamy had disadvantages such as difficulties of cohabitation. In some homes, it was difficult to reconcile moods and characters, so that disputes and fights often occur. As a result, it is difficult to find harmony and harmony in children who often consult with their respective mothers. The education and care of children, given their numbers, remained uncertain. The children are left to themselves no follow-up, the father not being able to support the deserted family sometimes the home to settle elsewhere leaving women and children. As the burden of children is hard to bear women that arouses hatred between women and husband

The provisions of the Family Law Code

Article 133 of the Family Code of Senegal provides that marriage can be concluded:

under polygamy (maximum of four wives)

under the limitation of polygamy (two or three wives)

under the regime of monogamy.

Article 113 provides: "A man may not contract a new marriage if he has a number of wives superior to that authorized by law, taking into account the options of monogamy or limitation of polygamy subscribed by him."

According to Article 116, it is the registrar who collects the option of monogamy or limitation of polygamy.

When the option deals with polygamy without limitation, the spouse may have up to four wives. If he opts for full polygamy, the law allows him to return to the choice by limiting it. It is not possible to go back on the limitation and thus to contract a third or fourth marriage. The monogamous option once signed is irrevocable for the life of the person concerned. The only cases where the law allows to return to the plan option are those in which the new choice is intended to make it more restrictive, for example when we have chosen polygamy limited to three wives we want to reduce to two or make it a monogamous diet.

Bigamy - in the case of a monogamous choice - is an offense that involves two types of consequences:

 the second marriage is considered null and void

 the bigamous spouse incurs, according to article 333 of the Family Code, imprisonment of 6

 month to 3 years and a fine 20.000 to 300.000 F. C.F.A. (30 to 450 €)

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