Is Polygamy Legal in the US for Muslims? Legal Analysis with Statutes

No. Polygamy is illegal for Muslims in all 50 US states and under federal law, with no religious exemptions.

Every state criminalizes bigamy/polygamy through specific statutes. Religious belief does not provide legal protection to practice plural marriage.

Federal Legal Framework

Federal Statutes Prohibiting Polygamy

18 U.S.C. § 1461 – Prohibits mailing obscene or crime-inciting matter, historically applied to polygamy advocacy.

8 U.S.C. § 1182(a)(10)(A) – Immigration and Nationality Act explicitly bars polygamists from entry to the United States.

8 U.S.C. § 1101(f)(3) – Defines practicing polygamists as lacking “good moral character” required for naturalization.

Supreme Court Precedent

Reynolds v. United States, 98 U.S. 145 (1879)

• Upheld federal anti-polygamy laws against First Amendment challenge
• Established that religious belief cannot justify illegal conduct
• Direct quote: “Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices.”
• Binding precedent: Religious freedom does NOT protect polygamous practices

Potter v. Murray City, 760 F.2d 1065 (10th Cir. 1985)

• Reaffirmed Reynolds in modern context
• Rejected constitutional challenges to polygamy prohibition
• Upheld employment discrimination against polygamists

State-by-State Criminal Statutes

Alabama

Ala. Code § 13A-13-1 – Bigamy

• Class C felony
• 1-10 years imprisonment
• Applies when person marries while still legally married

Alaska

Alaska Stat. § 11.41.420 – Bigamy

• Class C felony
• Up to 5 years imprisonment and $50,000 fine

Arizona

A.R.S. § 13-3606 – Bigamy

• Class 5 felony
• 0.5-2.5 years imprisonment
• A.R.S. § 13-3608 – Polygamous marriages void

Arkansas

Ark. Code § 5-26-202 – Bigamy

• Class D felony
• Up to 6 years imprisonment and $10,000 fine

California

Cal. Penal Code § 281 – Bigamy

• Punishable by imprisonment in county jail or state prison
• 2-3 years if state prison
• Cal. Penal Code § 282 – Marrying spouse of another is misdemeanor

Colorado

C.R.S. § 18-6-201 – Bigamy

• Class 6 felony
• 1-1.5 years imprisonment and $1,000-$100,000 fine
• Class 2 misdemeanor if defendant believed prior marriage dissolved

Connecticut

Conn. Gen. Stat. § 53a-190 – Bigamy

• Class D felony
• 1-5 years imprisonment and up to $5,000 fine

Delaware

11 Del. Code § 1001 – Bigamy

• Class G felony
• Up to 2 years imprisonment

Florida

Fla. Stat. § 826.01 – Bigamy

• Third-degree felony
• Up to 5 years imprisonment and $5,000 fine

Georgia

Ga. Code § 16-6-20 – Bigamy

• Felony
• 1-3 years imprisonment

Hawaii

Haw. Rev. Stat. § 572-2 – Bigamous marriages void Haw. Rev. Stat. § 707-720 – Bigamy (misdemeanor)

Idaho

Idaho Code § 18-6201 – Bigamy

• Felony
• Up to 5 years imprisonment and $10,000 fine

Illinois

720 ILCS 5/11-12 – Bigamy

• Class 4 felony
• 1-3 years imprisonment

Indiana

Ind. Code § 35-46-1-2 – Bigamy

• Level 6 felony
• 6 months-2.5 years imprisonment and up to $10,000 fine

Iowa

Iowa Code § 726.1 – Bigamy

• Class D felony
• Up to 5 years imprisonment and $1,025-$10,245 fine

Kansas

Kan. Stat. § 21-5507 – Bigamy

• Severity level 9, nonperson felony
• 5-17 months imprisonment

Kentucky

KRS § 401.990 – Bigamy

• Class D felony
• 1-5 years imprisonment

Louisiana

La. R.S. 14:42 – Bigamy

• Imprisonment with or without hard labor for up to 5 years and/or $500 fine

Maine

17-A M.R.S. § 552 – Bigamy

• Class D crime
• Up to 364 days imprisonment and $2,000 fine

Maryland

Md. Code, Criminal Law § 10-502 – Bigamy

• Misdemeanor
• Up to 10 years imprisonment and/or $1,000 fine

Massachusetts

Mass. Gen. Laws ch. 272, § 15 – Bigamy

• State prison up to 5 years OR jail up to 2 years and/or $500 fine

Michigan

MCL 750.439 – Bigamy

• Felony
• Up to 4 years imprisonment and/or $2,000 fine

Minnesota

Minn. Stat. § 609.355 – Bigamy

• Gross misdemeanor
• Up to 1 year imprisonment and/or $3,000 fine

Mississippi

Miss. Code § 97-29-19 – Bigamy

• Up to 10 years imprisonment

Missouri

Mo. Rev. Stat. § 568.010 – Bigamy

• Class D felony
• Up to 7 years imprisonment

Montana

Mont. Code § 45-5-611 – Bigamy

• Up to 6 months imprisonment and/or $500 fine

Nebraska

Neb. Rev. Stat. § 28-702 – Bigamy

• Class IV felony
• Up to 2 years imprisonment

Nevada

Nev. Rev. Stat. § 201.160 – Bigamy

• Category D felony
• 1-4 years imprisonment and up to $5,000 fine

New Hampshire

N.H. Rev. Stat. § 639:1 – Bigamy

• Class B felony
• 3.5-7 years imprisonment and up to $4,000 fine

New Jersey

N.J. Stat. § 2C:24-1 – Bigamy

• Crime of the fourth degree
• Up to 18 months imprisonment and up to $10,000 fine

New Mexico

N.M. Stat. § 30-10-1 – Bigamy

• Fourth-degree felony
• 18 months imprisonment

New York

N.Y. Penal Law § 255.15 – Bigamy

• Class E felony
• Up to 4 years imprisonment

North Carolina

N.C. Gen. Stat. § 14-183 – Bigamy

• Class I felony
• 3-12 months imprisonment (active, intermediate, or community punishment)

North Dakota

N.D.C.C. § 12.1-20-12 – Bigamy

• Class C felony
• Maximum 5 years imprisonment and $10,000 fine

Ohio

Ohio Rev. Code § 2919.01 – Bigamy

• First-degree misdemeanor
• Up to 6 months imprisonment and $1,000 fine

Oklahoma

21 Okla. Stat. § 881 – Bigamy

• Felony
• Up to 2 years imprisonment

Oregon

ORS 163.515 – Bigamy

• Class A misdemeanor
• Up to 1 year imprisonment and $6,250 fine

Pennsylvania

18 Pa.C.S. § 4301 – Bigamy

• Second-degree misdemeanor
• Up to 2 years imprisonment and up to $5,000 fine

Rhode Island

R.I. Gen. Laws § 11-6-1 – Bigamy

• Imprisonment up to 7 years and/or up to $1,000 fine

South Carolina

S.C. Code § 16-15-10 – Bigamy

• Felony
• Up to 5 years imprisonment or $500 fine

South Dakota

S.D. Codified Laws § 22-22-15 – Bigamy

• Class 6 felony
• Up to 2 years imprisonment and/or $4,000 fine

Tennessee

Tenn. Code § 39-15-301 – Bigamy

• Class C misdemeanor
• Up to 30 days imprisonment and/or $50 fine

Texas

Tex. Penal Code § 25.01 – Bigamy

• First-degree felony if under 16 involved
• Third-degree felony otherwise (2-10 years)
• Tex. Family Code § 6.202 – Bigamous marriages void

Utah

Utah Code § 76-7-101 – Bigamy (as of 2020 reform)

• Infraction (consenting adults, no fraud/abuse)
• Fine only
• Third-degree felony if:
  • Fraud involved
  • Threatens/harms someone
  • Party under 18
  • Violates other laws
• Important: Still illegal, just reduced penalty for basic cases

Vermont

13 V.S.A. § 206 – Bigamy

• Imprisonment up to 5 years and/or $500 fine

Virginia

Va. Code § 18.2-362 – Bigamy

• Class 4 felony
• 2-10 years imprisonment

Washington

RCW 9A.64.010 – Bigamy

• Class C felony
• Up to 5 years imprisonment and/or $10,000 fine

West Virginia

W. Va. Code § 61-8-9 – Bigamy

• Penitentiary 1-5 years OR county jail 1-12 months

Wisconsin

Wis. Stat. § 944.06 – Bigamy

• Class I felony
• Up to 3.5 years imprisonment and/or $10,000 fine

Wyoming

Wyo. Stat. § 6-4-402 – Bigamy

• Misdemeanor
• Up to 6 months imprisonment and/or $750 fine

Immigration Law Specifics for Muslims

Statutory Bars to Entry

8 U.S.C. § 1182(a)(10)(A) – Practicing Polygamists Inadmissible

• Absolute bar to immigrant visas (green cards)
• Absolute bar to nonimmigrant visas if polygamy is ongoing
• No waiver available

8 U.S.C. § 1227(a)(2)(E)(i) – Deportation Ground

• Polygamists subject to removal
• Applies even if marriage legal in home country

Naturalization Barriers

8 U.S.C. § 1101(f)(3) – Good Moral Character Requirement

• Practicing polygamy = automatic lack of good moral character
• Bars naturalization for statutory period
• Even past polygamy creates presumption against good moral character

USCIS Policy Manual Requirements

Volume 12, Part F, Chapter 2 – Polygamy Ground of Inadmissibility

• Must establish polygamous relationship terminated
• Requires proof of legal divorce
• Religious divorce (talaq) insufficient
• 2+ years must pass after termination

Volume 12, Part F, Chapter 3 – Good Moral Character

• Polygamy during statutory period bars citizenship
• Applies 5 years before application (3 years for spouses of US citizens)

Practical Immigration Consequences

For Green Card Applications:

• Must disclose all marriages on Form I-485
• USCIS cross-references marriage records worldwide
• Religious nikah marriages must be disclosed
• False statements = permanent fraud bar

For Family Sponsorship:

• Can only sponsor one spouse via Form I-130
• Additional wives cannot be sponsored as spouses
• Children from all marriages can be sponsored independently

For Citizenship Applications:

• Form N-400 requires complete marital history
• Polygamy during look-back period = automatic denial
• Must demonstrate monogamy throughout statutory period

Legal Distinctions: Religious vs. Civil Marriage

What Islamic Nikah Means Legally

Islamic Marriage Ceremony (Nikah) Without US Marriage License:

• NO legal recognition in any US jurisdiction
• Creates religious obligation only
• Zero civil rights or benefits
• Legally equivalent to unmarried cohabitation

Legal Status of Parties:

• Not considered married under any state law
• Cannot file joint taxes
• No inheritance rights
• No spousal privilege
• No insurance benefits
• No immigration sponsorship eligibility

First Wife vs. Subsequent “Wives”

Legally Married Wife (First):

• All marital rights under state law
• Community property rights (in community property states)
• Inheritance rights via intestate succession
• Social Security survivor benefits
• Immigration sponsorship eligibility
• Health insurance coverage
• Medical decision-making authority
• Tax filing advantages
• Spousal testimonial privilege

Religiously Married “Wives” (Subsequent):

• Zero legal status
• No property rights
• No inheritance (unless specifically named in will)
• No spousal benefits
• No immigration rights
• Vulnerable to abandonment with no legal recourse
• Must establish paternity for child support
• No marital presumption for children

Specific Legal Risks for Muslims

Criminal Prosecution Triggers

When Prosecutors Charge Polygamy:

1. Welfare Fraud – Multiple “wives” claiming single parent benefits
2. Tax Fraud – Claiming dependents across multiple households improperly
3. Immigration Fraud – Lying about marital status on visa applications
4. Marriage License Fraud – Attempting to obtain multiple licenses
5. Child Abuse Investigations – Discovery during welfare checks
6. Domestic Violence – Polygamy discovered during DV investigation

Case Example – State v. Holm, 137 P.3d 726 (Utah 2006):

• Conviction upheld for bigamy and unlawful sexual conduct
• Religious belief defense rejected
• Sentence: 1-15 years (later reduced)

Immigration Enforcement

Grounds for Denial/Deportation:

• Polygamy practiced in home country continues to bar entry
• Even if legal in home country (e.g., Morocco, Egypt, Pakistan)
• Must provide certified divorce decrees
• Religious divorces insufficient

Morocco Example:

• Polygamy legal under Moroccan Family Code (Moudawana)
• Marriages valid in Morocco
• Absolutely inadmissible to US unless divorced legally
• All wives except one must have official divorce decree

Pakistan Example:

• Muslim Family Laws Ordinance, 1961 regulates polygamy
• Requires permission from Arbitration Council
• Still creates US immigration bar
• Legal Pakistani polygamous marriage = US inadmissibility

Child Custody Complications

Family Court Considerations:

• Polygamy may be deemed against children’s best interest
• Can influence custody determinations
• May affect parental fitness findings
• Creates credibility issues in court

Paternity Establishment Requirements:

• Non-legal wives must establish paternity formally
• File in family court
• Genetic testing may be required
• Only then can child support be ordered

State-Specific Enforcement Patterns

High Enforcement States

Utah:

• Historical focus due to FLDS communities
• Post-2020: reduced to infraction (consenting adults)
• Still prosecutes with fraud/abuse/minors
• Active Attorney General monitoring

Arizona:

• Shared FLDS communities with Utah
• Active prosecution near Colorado City
• Enhanced penalties with aggravating factors
• Immigration cooperation common

Texas:

• Post-2008 YFZ Ranch raid increased scrutiny
• Child welfare involvement triggers prosecution
• Enhanced sentences for minors involved

Minimal Enforcement States (But Still Illegal)

New York:

• Large Muslim population (600,000+)
• Rare standalone prosecutions
• Usually charged alongside other crimes
• Family court more relevant than criminal

California:

• Largest Muslim population (1+ million)
• Low criminal prosecution rate
• Focus on welfare fraud cases
• Immigration consequences more common

Michigan:

• Significant Muslim population (Dearborn area)
• Few criminal cases reported
• Community generally aware of legal prohibition
• Civil/family law issues more common

New Jersey:

• Substantial Muslim community
• Criminal prosecution rare
• Usually discovered via immigration proceedings
• Family law complications primary concern

Minnesota:

• Growing Somali Muslim community
• Limited criminal enforcement
• Immigration bar more relevant
• Welfare fraud investigations occasional trigger

Practical Legal Guidance for Muslims

What You Can Do Legally

Permissible Under US Law:

• Provide financial support to extended family/widows
• Housing assistance without marriage
• Educational support for children
• Living in same household (with caution)
• Religious ceremonies without legal marriage (though discouraged)

Estate Planning Tools:

• Comprehensive will naming all beneficiaries
• Revocable living trust
• Life insurance policies with multiple beneficiaries
• Healthcare proxies for each adult
• Durable power of attorney

What Creates Criminal Liability

Illegal Actions:

• Obtaining multiple marriage licenses (immediate felony)
• Cohabiting with multiple “wives” in marriage-like relationship (varies by state)
• Immigration fraud (lying about marital status)
• Welfare fraud (misrepresenting household structure)
• Tax fraud (improper filing status/dependents)

Cohabitation Laws:

• Utah Code § 76-7-101(1) – Criminalizes purporting to marry or cohabiting with another person
• Post-2020: Infraction only (consenting adults)
• Many states don’t explicitly criminalize cohabitation with multiple partners unless formal “marriage” is claimed

Required Legal Protections

For Non-Legal Partners:

1. Written Cohabitation Agreement (limited enforceability but helpful)
2. Beneficiary Designation on all bank accounts, retirement accounts
3. Life Insurance Policies naming them and children
4. Healthcare Proxy and living will
5. Durable Power of Attorney
6. Specific Bequests in Will
7. Trust Provisions for ongoing support

For Children:

1. Paternity Establishment – File voluntary acknowledgment or court order
2. Child Support Orders – Ensure formal court orders exist
3. Custody Agreements – Written parenting plans
4. Beneficiary Designations – On all accounts for their benefit
5. Educational Trusts – For college funding
6. Health Insurance – Through father’s employment or ACA

When Legal Consultation Is Mandatory

Critical Situations Requiring Attorneys

Immigration Matters:

• Any visa application
• Green card applications
• Naturalization applications
• Past polygamy on record
• Find: Immigration attorney licensed in your state via AILA.org

Criminal Investigation:

• Contact by law enforcement about polygamy
• Charges filed
• Subpoena received
• Find: Criminal defense attorney immediately

Family Law:

• Divorce/separation from any partner
• Child custody disputes
• Child support establishment
• Paternity actions
• Find: Family law attorney via state bar association

Estate Planning:

• Complex family structure
• Multiple dependents
• Substantial assets
• Desire to provide for multiple families
• Find: Estate planning attorney familiar with non-traditional families

Attorney-Client Privilege

What’s Protected:

• Confidential communications with attorney
• Disclosures about polygamous relationships
• Past conduct discussions
• Strategic planning

Exceptions (Not Protected):

• Plans for future crimes
• Ongoing fraud schemes
• Child abuse/neglect

Islamic Perspectives Within US Legal Framework

Major American Muslim Organizations’ Positions

Islamic Society of North America (ISNA):

• Emphasizes following law of the land
• Encourages monogamy in US context
• No official position permitting polygamy in US

Fiqh Council of North America:

• Recognizes polygamy is illegal in US
• Advises Muslims to comply with civil law
• Focuses on other Islamic values within legal framework

Council on American-Islamic Relations (CAIR):

• Protects Muslims’ civil rights
• Does not advocate for polygamy legalization
• Focuses on religious freedom within existing law

Scholarly Jurisprudential Positions

“Law of the Land” Principle:

• Based on Islamic legal maxim: الحكم للمصلحة (al-hukm lil-maslahah) – rulings serve public interest
• Many scholars cite obligation to follow civil law when not prohibiting core worship
• Marriage regulation seen as civil matter subject to state authority

Quranic Context (4:3):

• Permission for polygamy with conditions
• Modern scholars debate historical context
• American context scholars emphasize difficulty meeting Quranic equity requirement
• Some argue monogamy better serves Islamic justice principles in US

Frequently Asked Questions

Can I have a nikah ceremony for a second wife?

Technically not illegal if NO marriage license is obtained and no one represents it as legal marriage. However:

Serious risks:

• Creates immigration problems (must disclose on applications)
• May violate state cohabitation laws
• Second “wife” has zero legal protection
• Children’s legal status complicated
• Strongly discouraged by most American Muslim scholars

Legal alternative: Provide support without religious marriage ceremony.

What if my polygamous marriage is legal in my home country?

Immigration Impact:

• Absolutely bars entry to US
• Must legally divorce all but one wife
• Religious divorce (talaq) insufficient
• Need certified civil divorce decrees
• Must wait 2+ years after divorce to apply

Legal Recognition:

• No US state recognizes foreign polygamous marriages
• Only first wife has any legal status (if legally married in US)
• Others treated as unmarried cohabitants

Will I be arrested if I’m in a polygamous relationship?

Low probability if:

• No marriage licenses obtained
• No welfare fraud
• No immigration fraud
• No child abuse
• Living quietly

High probability if:

• Multiple marriage licenses attempted
• Fraud discovered
• Child welfare investigation triggered
• Immigration application filed

Reality: Most polygamous families aren’t actively targeted, but legal risk is permanent and can emerge unexpectedly.

Can I sponsor multiple wives for immigration?

Absolutely not.

8 U.S.C. § 1182(a)(10)(A) explicitly bars polygamists. You can only sponsor ONE spouse ever via Form I-130.

Process:

• Choose one wife
• Legally divorce all others
• Obtain certified divorce decrees
• Wait 2+ years
• Then file I-130 for one wife only

What happens to my children from multiple marriages?

Children’s Rights:

• All children have equal legal rights
• Father can sponsor all children for immigration (Form I-130)
• Children entitled to child support
• Inheritance rights under state law
• Social Security survivor benefits available

Requirements:

• Paternity must be legally established
• Birth certificates with father’s name OR
• Voluntary acknowledgment of paternity OR
• Court paternity order

How can I protect my second wife and children legally?

Essential Steps:

1. Estate Planning:
   
   • Will naming her and children as beneficiaries
   • Life insurance with them as beneficiaries
   • Trust for their support
2. Paternity:
   
   • Establish legal paternity immediately
   • Voluntary acknowledgment at birth
   • Court order if necessary
3. Child Support:
   
   • Formal child support order through court
   • Ensures enforcement if relationship ends
4. Documentation:
   
   • Healthcare proxy
   • Power of attorney
   • Written support agreement (limited enforceability)
5. Financial:
   
   • Joint bank accounts (allows access but creates other issues)
   • Beneficiary designation on retirement accounts
   • Property titled in her name (gift issues)

Critical Statutes Summary Chart

*Utah: Infraction for consenting adults; felony with aggravating factors

Conclusion: The Legal Bottom Line

Polygamy is absolutely illegal for Muslims throughout the United States with no exceptions.

Key Legal Facts:

• All 50 states criminalize bigamy/polygamy
• Federal law bars polygamists from immigration/citizenship
• Religious freedom does not protect practice
• Islamic nikah without legal license = no legal recognition
• Only first legal wife has marital rights
• Criminal, immigration, and family law consequences exist

Critical Action Items:

1. Maintain only one legal marriage
2. Establish paternity for all children
3. Create comprehensive estate plan
4. Consult immigration attorney before any visa application
5. Never obtain multiple marriage licenses
6. Consult family law attorney for support/custody issues

Legal consultation is not optional—it is mandatory to protect yourself and your family.

Legal Disclaimer: This article provides legal information only and does not constitute legal advice. Laws change, and individual circumstances vary. Consult a licensed attorney in your jurisdiction for advice specific to your situation. This article was last updated October 2025.

Resources:

• American Bar Association: www.americanbar.org
• American Immigration Lawyers Association: www.aila.org
• State Bar Associations: Search “[Your State] Bar Association”
• USCIS Policy Manual: www.uscis.gov/policy-manual
• Muslim Advocates: www.muslimadvocates.org

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah