Polygamic Marriage in the Juridical Culture of Western Europe and in Italian Civil Law

In the last years of the twentieth century, Europe was hit by unprecedented immigration of people from Asia and Africa. These migratory flows, which have intensified over the last few years, becoming a structural phenomenon, progressively and rapidly have led to the establishment in many European countries of ethnic minorities who bear an identitary patrimony having a high degree of specificity and not identifying with the pre-existing national minorities. In the legal field in general and in family law in particular, there is a pressing need to reconcile the values set by many foreign legal institutions, especially those of Islamic origin, which are alien to Western European culture and often conflict with it, with the fundamental values of the western legal systems. In this context the Islamic institute of the polygaic marriage or, more correctly, of the “simultaneous polygamic monoandric” marriage, appears problematic, because it contrasts strongly with the juridical principles proper to the European legal systems due to the innate inequality between the sexes. The issues related to polygamy have to be considered in light of the foundation of the institution of marriage in the framework of European legal culture and legislation. A special focus has to be dedicated to the Italian legislation.