A muslim is taking a landmark High Court case demanding that the Irish state recognise his polygamous marriage.
Mark Tighe/Times Online
The man is from Lebanon, where polygamy is permitted. He is married to two women and has been granted Irish citizenship.
Muslim asks court to let in second wife
Seven years ago the Department of Justice refused to grant the man’s first wife a visa. The Lebanese entered Ireland with his second wife and claimed asylum. His first wife did not arrive until much later. The man has children with both women.
Last time I checked Lebanon was not at war. What entitled this guy to claim asylum? Asylum from what?
After its decision was challenged, the justice department agreed to quash its refusal to issue a visa to the first wife. But as part of this settlement the man is required to ask the High Court to rule on the validity of his marriage under section 29 of the 1995 Family Law Act.
The state and the wives are all represented in the case. The residency rights of both spouses will depend on the decision. A number of similar cases are awaiting the outcome.
Legal experts say section 29 applications are usually brought to determine if foreign divorces are valid in Ireland. Britain has agreed to recognise marriages in countries which allow polygamy, as long as a man has married just once.
Liam Egan, a member of the Muslim Public Affairs Congress, accused Ireland of discriminating against Muslims in polygamous families. “It is draconian to treat this family differently,” said Egan.
“Ireland discriminates against Muslims seeking citizenship by asking them to sign an affidavit. The state should not be interfering in families like this. It is silent on adulterous affairs but the moment you try and do something honourable by bringing a woman into a marriage, even a polygamous marriage, there is an issue.”
In 2004 the justice department introduced a requirement that Muslims seeking naturalisation sign a form confirming they had only one wife and would not marry a second one.
The department said: “The Irish Supreme Court in 1989 determined that polygamous marriages and potentially polygamous marriages are not valid and not entitled to recognition in Irish law.
“There is a case involving an individual before the courts dealing with this particular issue and, as such, the department is not in a position to comment any further at this time.”
According to Egan, the Koran says that Muslims can marry up to four women but only if they can provide financial support and “love each of them equally”. He said there are polygamous marriages in Ireland “but it is rare enough because of the recession”.
The Immigrant Council of Ireland said the case highlighted the need for the government to address gaps in immigration legislation dealing with family reunification. It wants rules about who qualifies to live in Ireland as the family member of an Irish citizen or migrant.
{ 5 comments… read them below or add one }
Ireland is hurtling down the slippery slope..but then aren’t we all..
What a disgrace and an outright mockery of the Judeo-Christian justice. People like Liam Egan (Irish convert) will secure the downfall of Europe and western civilization.
“Ireland discriminates against Muslims seeking citizenship by asking them to sign an affidavit. The state should not be interfering in families like this. It is silent on adulterous affairs but the moment you try and do something honourable by bringing a woman into a marriage, even a polygamous marriage, there is an issue.”
Citizenship is not a right but a privilege. When immigrants of their own free will sign the affidavit they take an oath to abide by Irish law. It applies to all immigrants equally. No discrimination there. Polygamy is not a part of Irish law, never was and never will be, but rather Sharia law. [Neither is adultery for that matter]. So their citizenship can now be revoked, freeing them to go and live in any number of Islamic countries where their hearts and true loyalties are.
Liam Egan, should read what Irish Constitution has to say with respect to the institution of marriage and the protection of the family unit. But then, Liam or Mujihhid, this super silly, confused little man has turned his back on everything he was brought up to believe in and now despise.
I agree citizenship is a priviledge not a right but in so many western countries redidency and citizenship are given away far too easily with far too few conditions attached…I would have had to live in my husbands muslim country twenty or so years before I would have had any hope of residency. Then I would have had to have a completely clean record..plus the support of some local bigwigs. We had to turn up every year and pay money so I could stay there…I would never , never have been able to obtain citizenship there.
So this brings me to the issue of reciprocrosity..Lots of people from this country live in my country.this is nuts ..they have such tough laws that even a loyal spouse finds it impossible to get rediency but they get residency here so easily.
theresaj.
Forget the principle of reciprocity, for until the day come, when ordinary folk in the West or elsewhere, will start immigrating to the Islamic neck of the wood in search of a better, more prosperous and meaningful way of life, it is irrelevant.