Is polygamy bigamy?

In Kenya, it might be, depending on how you choose to marry.

If a man celebrates his first marriage under the African Christian Marriage and Divorce Act, the Marriage Act or the Hindu Marriage and Divorce Act, he becomes a bigamist --a criminal-- if he marries another woman or women unless the first marriage is legally dissolved. (Incidentally, there is a case in court right now of a European woman who married under the African Christian Marriage Act. Since she is not African, her marriage may be null and void.)

But if this hypothetical man celebrates his first marriage under the African customary law or the Mohommedan Marriage, Divorce and Succession Act, he remains a law-abiding citizen even if he marries another wife or wives.

However, after undergoing the African customary law marriage rites, as many Kenyans today do, if he then celebrates the first marriage in church or in the office of a registrar-general of marriages, in which he gets a marriage certificate, he will automatically convert the customary law union into a monogamous one.

Then if he marries another wife or wives, he becomes a criminal, a bigamist, liable to be jailed for five years.

On the other hand, if he marries in church or registry office, he cannot convert this type of marriage into a customary law one by performing customary law rites.

The written laws regard marriage contracted under the African customary law as inferior, which is why such unions can be 'upgraded' but not the other way round.

(Taken in part from the Daily Nation : article by Peter Mwaura)

In a classroom for student pastors last week I saw a list on the board of seven types of marriage including substitute marriages. For more information go to http://www.patriciacrossley.com and scroll down to the link for marriage customs.