Court Affirms Constitutionality of Polygamy, Citing Cultural and Religious Freedoms

Uganda’s Constitutional Court has ruled that polygamous unions are constitutional, delivering a landmark judgment that affirms the legality of such marriages under customary and Islamic law.

In a unanimous decision, the five-judge bench led by Justice Margaret Tibulya dismissed a petition by the Women’s Probono Initiative (WPI), which sought to invalidate laws permitting polygamy on grounds that they violate the rights of women and undermine principles of equality, dignity, and non-discrimination.

WPI had petitioned the court to strike down provisions in the Customary Marriage (Registration) Act and the Marriage and Divorce of Mohammedans Act, arguing that polygamy perpetuates harm, emotional trauma, and exposure to HIV/AIDS. The court, however, held that no sufficient evidence had been presented to support these claims.

WPI had further argued that legalizing polygamy infringes on women’s rights, exposes them to emotional and physical harm, and promotes gender inequality. The petition sought, among other things, a declaration that laws permitting polygamy violate Articles 21, 24, 31, and 33 of the Constitution, which protect equality before the law and human dignity.

Court’s rationale:

“The law does not require that all persons be treated identically, but that they be treated fairly under similar circumstances,” said Justice Tibulya, stressing that monogamous and polygamous unions are not directly comparable.

She further observed that Uganda’s constitutional guarantees allow individuals to marry according to their religious and cultural convictions. “To prohibit polygamy would infringe on people’s freedom of conscience, religion, and culture,” she added.

On claims of physical and psychological harm, the court ruled that such issues are broader societal challenges not exclusive to polygamous arrangements. “There was no compelling evidence that the structure of polygamy itself is harmful,” Tibulya stated.

In respect to quality, Justice Tibulya stressed that “equality does not mean treating unlike situations alike.” She explained that customary and Islamic marriages are rooted in distinct religious and cultural systems and should not be measured by monogamous standards.

In regard to spreading HIV/AIDS, the court found the claims unsubstantiated. “The petitioners failed to prove that polygamy causes physical or psychological harm or spreads HIV/AIDS,” Tibulya noted, adding that such challenges are better addressed through public health and social policy interventions.

The court denied all reliefs sought by the petitioners and ordered that each party bears its own costs. The ruling reinforces Uganda’s legal pluralism in matters of marriage and is likely to shape future debates on gender rights and cultural identity.