Spanish jurisdiction and Islamic polygamy: A forced marriage?

Abstract

This paper analyzes the treatment that polygamous marriage receives in the various orders of the Spanish jurisdiction. Remarkable differences can be appreciated between different orders: from its typification as a criminal offence in the criminal order to the granting of significant legal rights in the social order. This disparity has highlighted, over recent years, that the lack of legal regulation of polygamy may be a very relevant matter if it causes legal uncertainty. Our judges are forced to respond to claims that the Spanish legislator has not foreseen or regulated for, being the first affected by a legislative gap that raises important objections from the point of view of legal certainty.