UMYA welcomes constitutional court ruling on polygamous marriage legality in Uganda

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OPINION

By Prof. Abasi Kiyimba

The Uganda Muslim Youth Assembly (UMYA) welcomes the recent landmark ruling by the Constitutional Court affirming that polygamy is lawful and constitutionally protected in Uganda.

This decision brings clarity and long-awaited closure to a contentious debate that has spanned decades, reaffirming the rights of Ugandans to freely practice their religion and cultural traditions without fear of legal persecution.

Since 1998, UMYA has been at the forefront of advocating for the protection of the Islamic marriage, which may be polygamous or potentially polygamous, recognising it as a legitimate religious arrangement for some, and as a deeply rooted cultural practice freely entered into by consenting adults.

Throughout this period, we have consistently opposed sustained efforts by various activist groups, including the Women’s Probono Initiative (WPI), to criminalise polygamy—efforts often backed by foreign NGOs and external religious interests with little regard for Uganda’s pluralistic society.

The Constitutional Court, through its unanimous ruling, has correctly affirmed that Uganda’s legal framework accommodates both monogamous and polygamous unions, as provided for under the Customary Marriage (Registration) Act and the Marriage and Divorce of Mohammedans Act. The court rightly upheld that religious and cultural freedoms, guaranteed under Article 29 of the Constitution, are foundational rights that cannot be overridden by attempts to impose singular worldviews on a diverse nation.

We note with appreciation the court’s clear position that equality before the law does not necessitate uniform treatment of fundamentally distinct marital frameworks. In recognising that polygamous marriages fall within a distinct legal and cultural framework, the court has safeguarded the rights of communities whose identities and family structures do not conform to imported definitions of marriage.

Moreover, the court’s rejection of arguments framing polygamy as inherently harmful or degrading to women is an important vindication for the thousands of women and men who have chosen polygamous unions of their own free will. The judgment reaffirms that the challenges facing families in Uganda—whether monogamous or polygamous—stem from broader socio-economic issues, not from the marriage arrangement itself.

As UMYA, we regard this ruling as a victory for constitutionalism, religious freedom, and cultural autonomy. It stands as a powerful reminder that human rights must be interpreted within context, with respect for diversity of belief and identity.

We now urge all parties to respect this decision and move forward in the spirit of mutual tolerance and peaceful coexistence. Each Ugandan—whether Muslim, Christian, or adherent to traditional beliefs—must be free to organise their family life in accordance with their conscience.

We hope that this ruling marks the end of adversarial debates seeking to undermine polygamous marital arrangements, and that national energies can instead focus on strengthening family welfare, protecting women’s rights within all marital frameworks, and promoting societal harmony.

The Uganda Muslim Youth Assembly (UMYA) remains committed to upholding the dignity, rights, and responsibilities of all Ugandans—whether in monogamous or polygamous marriages—as equal participants in the nation’s development.

The writer is the National Chairman Uganda Muslim Youth Assembly