Conflicts of Laws

Abstract

Polygamous acts are prohibited under Sri Lankan law; however the Muslim Personal Laws are an exception. Although this fact is grounding, the concept of polygamous marriages occurring between a Sri Lankan national and a foreign national when contracting the Sri Lankan National’s subsequent marriages after the first legal marriage is not instituted for, as it is quite a rare occurrence. The legal framework in Sri Lanka only presides over the matters of polygamous marriages occurring between the citizens of Sri Lanka. It does not have a fully-fledged set of laws to regulate or recognize those marriages in an instance if, issues arise in relation to polygamous marriages with a foreign element were to happen to a Sri Lankan national or a partner of a Sri Lankan national. Therefore, the objective of this research is to critically evaluate whether the existing legal framework of Sri Lanka could invalidate an individual’s subsequent marriage contracts with a foreigner, and if so, whether such individual could be penalized and whether such marriage would be criminalized under the Sri Lankan law. This research also aims to explore existing legal framework around the world that have addressed this issue and if Sri Lanka could also apply those laws to its native legal system.