Polygamy, Policy and Postcolonialism in English Marriage Law : A Critical Feminist Analysis

Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualised exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia. Front Cover Series information Polygamy, Policy and Postcolonialism in English Marriage Law: A Critical Feminist Analysis Copyright information Dedication Table of contents Series Editor’s Preface List of Cases List of Legislation Acknowledgements 1 Introduction: Polygamy, Law and Women’s Lives Polygamous marriages in English law and policy Key themes and arguments Context and disruption: the coloniality of responses to polygamy Disrupting religion and culture: orientalist hierarchies of marriage Disrupting harm and equality in marriage Disrupting marriage recognition Notes on methodology: voice and storytelling Overview of the book 2 Consciousness and Disruption in Critical Postcolonial Feminism Critical postcolonial theory and feminism: introduction and relevance Polygamy and history: a more contextualised approach Alternative accounts: orientalism and imperialism Disruptive (hi)stories and voices Concluding thoughts 3 Polygamy in England: Tracing Legal Developments Law as indifferent Establishing Christian dominance over marriage law Standardised marriage and standardised arguments: the 16th, 17th and 18th centuries Expanding options and indifference into the present day: civil marriage and non-marriage Concluding thoughts 4 History and Conflict of Laws in Overseas Polygamy Private international law: conflict of laws or cultures? Denigrating polygamous marriages and wives: the empire speaks Mutating non-Christian marriage: potential polygamy Differentiating polygamy: protecting public resources Concluding thoughts 5 Tensions in Religion and Culture The importance of religion and culture Collapsing religion and culture Complicating the dichotomy and orientalising perceptions Concluding thoughts 6 Complicating Harm and Gender Equality Polygyny in Islam Polygamy as harmful and unequal? Polygamy and gender equality Gender equality and Islam: a case study Is agency the answer? Concluding thoughts 7 Religion, Recognition and Marriage Law Attitudes to legal recognition for polygamous marriages Why is recognition so important? Practical and social consequences Recognition: triumph or trial? The dark side of marriage recognition Towards a disruptive politics of recognition Concluding thoughts 8 Final Thoughts and Reflections Key conclusions Lingering questions and future directions Negotiating my closeness References Index Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today? Using a critical postcolonial feminist lens, this book provides a contextualized exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today. Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.