The government sponsored the Bill to criminalize polygyny as an extreme response to what it perceives as ‘a situation where Nigeria would continue to rely on archaic British law for its marriage institution’ and it asks the lawmakers to consider a 5 year jail term for offenders- similar to what has been proposed for same-sex marriage! Section 60 of the proposed law reads, ”Any person who contracts a marriage under the provisions of this Act, being at the time married in accordance with customary law or Islamic law to any person other than the person with whom such marriage is contracted shall be guilty of an offense and liable on conviction to imprisonment of five years.” Many Muslims wonder, and rightly so, whether this newly discovered constitutional concern is merely a smoke screen to hide anti-Muslim prejudice, demonstrate an aspect of intolerance and disrespect for other people’s religion or simply ill thought-out. If the bill passes, it could lead to significant conflict and controversy between belief and the state law.

The MPAC opposes the government quarter-inch bill on polygyny because it is both arbitrary and discriminatory against Muslims. It is not clear why the government would expend its resources to create controversy and complexity, with serious ramifications for individual Muslims, their families as well as for other members of the society who already are practicing or intends to practice polygyny, around a simple non-issue.

The Bill is arbitrary because the practice of polygyny does not in any fashion hamper the image, social integration and development or progress of our nation. Although, this bill contributes to a climate of hostility against Muslims specifically, many non-Muslims have similar anxieties and anguish over the bill. This Bill also does not take into account the fact that the Nigerian legal system is derived in part from Islamic Shariah law. The holy Qur’an states in Chapter 4 Verse 3; “If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.”