Marriage Bill: A nation divided by polygamy

The debate over the Marriage Bill, 2024, has ignited a firestorm of controversy, pitting MPs against religious leaders in a battle of morality, law and faith, and well, sex.

At the centre of this contentious discussion is Clause 4 of the bill, introduced by Sarah Opendi, the chairperson of the Uganda Women Parliamentary Association (UWOPA) and Tororo Woman MP (NRM), which proposes that civil marriage be potentially polygamous.

This has sparked intense debate among MPs, pastors, the Muslim community, women groups and lawyers alike, exposing deep divisions over the role of faith, tradition, and personal freedoms in evolving social fabric.

As emotions run high, religious leaders argue over biblical interpretations, MPs demand legal clarity, and Ugandan citizens find themselves caught between cultural expectations and modern realities. Social media has gone haywire.

Religious leaders at war over polygamy

After the bill was tabled, a joint parliamentary committee (gender and legal affairs) has been consulting different stakeholders including Pastor Solomon Male, Apostle Joseph Sserwadda (Interreligious Council of Uganda and Apostle of the Born-Again Faith in Uganda), Bishop David Kiganda (National Pastors’ Platform of Uganda) and Pastor Martin Ssempa (Makerere Community Church).

The discussions took an unexpected turn when Pastor Ssempa, known for his strong moral stance on social issues, initially expressed support for polygamy before Parliament, only to later retract his statement in a public apology in a press brief.

His reversal fuelled speculation and backlash, as critics questioned whether he was succumbing to public pressure.

The broader debate over polygamy remained heated, with Pastor Male, the leader of the National Coalition Against Homosexuality and Sexual Abuses in Uganda (NCAHSAU), launching a fiery critique of monogamy’s impact on society before the lawmakers.

He questioned why couples who have lived together for years and raised children are condemned for not having legally recognised marriages. He accused promonogamy churches of hypocrisy, saying they accept offerings from polygamous men and cohabiting couples while condemning their marital status.

He argued that many men, after cohabiting for years, abandon their partners and marry new wives in church, leaving behind heartbroken women and fatherless children.

“Many women struggle as single mothers because their men subscribe to Christian faiths that peddle one-man-one wife marriages,” he said.

Male also claimed that monogamous men, when denied sex due to various reasons, engage in masturbation, prostitution or even sodomise their wives. He warned that sexually deprived men face serious health risks, including prostate problems, and that women also suffer psychological and physical challenges due to sexual starvation.

He dismissed the notion that Christian marriage must be monogamous, arguing that the Bible allows polygamy and does not mandate church solemnisation.

“Solemnising marriage in church was not there till after 800AD when churches began to perform weddings for the well-to-do,” he stated, adding that clergy should not have a monopoly on validating marriages.

According to him, the biblical definition of marriage involves an offer by the groom, acceptance by the bride, parental consent, and sometimes dowry, but not necessarily a church ceremony.

He challenged those who equate adultery with polygamy, arguing that restricting marriage to monogamy fuels social issues such as ‘homosexuality, domestic violence, sexual abuses in homes, marital breakups, and prostitution.’ Male warned legislators against passing restrictive marriage laws, calling them “unrealistic, discriminatory, unfair, and imperialist.

Weak legal framework

When Apostle Joseph Sserwadda was asked about all these interpretations of the Bible on polygamy by pastors, he blamed the weak legal framework for the confusion. Whereas Article 29(1) (c) of the constitution grants Ugandans rights to practise any religion, the Government has never put a regulatory framework on how freedom of worship can be exercised.

“In the Non-Governmental Organisations Act, all churches that were not considered before that as traditional churches were now required to register as nongovernmental organisations in this country. And with that, every Tom, Dick and Harry had an opportunity to register anything that was supposed to be social service as religious service,” Serwadda explained.

Adding that: “Because of that one mistake in 1990, you will have to continue with that. Those that are organised under the Inter-Religious Council of Uganda don’t have an issue with what they teach. Male is an independent minister, where is his church? We don’t know.”

MPs condemn Pentecostal pastors for promoting polygamy

MPs have criticised certain Pentecostal factions for advocating polygamy, arguing that their teachings contradict Christian principles.

Richard Lumu (Mityana South, DP) revealed that they had interacted with a group of Pentecostal pastors who openly supported polygamy.

Rosemary Nyakikongoro (Sheema District Woman MP, NRM) expressed shock at their stance, noting that the pastors justified their beliefs by citing biblical figures such as David and Solomon.

“They claimed many women are suffering and need men to marry them. One pastor even introduced himself as having three wives.

Their preaching revolves around sexual satisfaction, arguing that if a man’s wife is sick or has problems, he should marry more women. We need clarity from religious leaders so that people do not confuse marriage with promiscuity,” she explained.

Charles Bakkabulindi (Workers MP, NRM) questioned the credibility of these interpretations, comparing the situation to legal matters where the Attorney General provides authoritative guidance. “One day, I asked them who is the chief interpreter of the Bible among them. In government, we have the Attorney General to interpret the Constitution. Unless we bring all these factions together, one quoting Solomon, another quoting Abraham, to debate, we will continue confusing the masses,” he warned.

What the numbers say

A closer look at the latest census data highlights the urgency of the marriage debate. According to the 2024 Population and Housing Census Report by Uganda National Bureau of Statistics (UBOS), the population stands at 45.9 million, with men accounting for 48.6% and women making up 51.4%.

A total of 50.6% of the adults are married, while 26.6% are cohabiting, a practice that remains legally unrecognised. Single motherhood has risen dramatically, jumping from 20% in 2020 to 30%t in 2024. Divorce and separation rates stand at 2.8%, a figure that many argue fails to capture the true extent of marital instability.

A legal dilemma

The Marriage Bill 2024 is not Uganda’s first attempt at regulating marriage. Previous versions of the bill have stalled in Parliament due to religious and cultural resistance.

The legal system itself is conflicted, as the country operates under multiple marriage laws, including customary, civil, Christian, Islamic, and Hindu marriages. While customary and Islamic marriages permit polygamy, civil and Christian marriages do not. This contradiction has long created legal gray areas, especially in cases of inheritance, divorce, and property ownership.

The real life impact of polygamy

The debate over polygamy is not just theoretical, it affects real families. Lydia Nantume, a 38-year-old woman in a polygamous marriage, believes the practice provides security for women. Her husband has three wives, and while there are challenges, she says polygamy ensures that no woman is abandoned. “Many women pretend to be in monogamous marriages, but their husbands have secret families. At least in polygamy, we know our position,” she says.

However, Sandra Amoding, who left a polygamous marriage, tells a different story. She describes her experience as one filled with jealousy, competition, and emotional neglect. “The moment my husband took a second wife, I felt invisible. He spent less time with my children, and I had to fight for attention,” she says.

The Muslim perspective

While Christian leaders remain divided, Muslim clerics are united in their opposition to the bill’s potential restrictions on polygamy. The Uganda Muslim Supreme Council (UMSC)’s Hajji Siraj Katantazi Mukasa, expressed deep concern over the Marriage Bill, 2024, arguing that its provisions contradict Islamic teachings and threaten the sanctity of marriage. The council believes the Bill distorts Islamic principles and attempts to impose foreign religious concepts of marriage on Ugandan Muslims.

“Marriage in Islam is more than a legal contract, it is an act of worship, a foundation for legitimate procreation, and a fundamental social institution that must be safeguarded from political, social, or economic exploitation,” Katantazi said.

The UMSC contends that the drafters of the Bill failed to understand the distinct nature of Islamic marriage, mistakenly equating it with other religious and cultural practices.

Historically, Uganda has recognised the uniqueness of Muslim personal law. When colonial rulers introduced marriage legislation, they acknowledged this distinction by enacting the Marriage and Divorce of Mohammedans Act in 1906, separate from other forms of marriage. The UMSC insists that any legal reforms must respect this long-standing recognition and protect the rights of Muslims to practice their faith without interference.

Penalise side chicks

Nkunyingi Muwadda (Kyadondo East) argued that Parliament should not interfere with social, cultural, and religious institutions, particularly regarding marriage. He emphasised that Islamic marriages are already well-defined by spiritual and religious teachings, making legislation unnecessary.

“You can’t come to Parliament and legislate over it because no one will abide by it,” he stated. He also noted that Christian marriages largely follow church norms and that religious institutions would reject any law contradicting their teachings. Instead of imposing laws on social relationships, Parliament should focus on regulating civil marriages and recognise the role of societal, cultural, and religious values in guiding family life.

Jonathan Odur (Erute County South) expressed disappointment that the Bill does not criminalise individuals who interfere with marriages, such as mistresses or extramarital partners. “If a girl who is not married falls for a married man, or if a man falls for a married woman, they should be penalised,” he suggested.

Steven Bakka Mugabi (Bukooli North, NRM), the chairperson of the Legal and Parliamentary Affairs Committee, questioned the inconsistency in the Bill regarding cohabitation. He pointed out that while the Bill criminalises cohabitation, Clause 61 allows courts to presume a marriage for determining child maintenance and property rights. “You are criminalising cohabitation on one hand, and then on the other, you want to presume those in it as married,” he observed, noting that many people choose cohabitation over formal marriage.

Allan Mayanja (Nakaseke Central, NUP) highlighted concerns about gender equality in marriage laws. He noted that some women’s rights activists argue that if men are allowed to marry multiple wives, women should also be permitted to have multiple husbands. However, he questioned the practical implications, particularly regarding paternity in cases of pregnancy. “If she gets pregnant, the child will be for which man?” he asked.

The Marriage Bill 2024 is still under parliamentary review, and its final outcome remains uncertain. While proponents argue that recognising polygamy could stabilise families, critics warn that it could further complicate the already fragile marital landscape. The Bill has exposed deep divisions, not just between lawmakers and religious leaders, but within faith communities themselves.