THE leader of Melbourne's Somali community yesterday backed calls for polygamy to be made legal, as an Islamic women's organisation said it was on the rise in Victoria.
African community leader Berhan Ahmed estimated there were perhaps 20 polygamous families in Melbourne's African community, mostly Somalis and mostly refugees.
Two Sydney Muslims, Sheik Khalil Chami and Islamic Friendship Association president Keysar Trad, ignited a debate when they said that some imams were performing polygamous marriages, which should be recognised.
Sheik Isse Musse, the imam of Werribee Mosque, said polygamy was rare in Melbourne, and the people involved lived in fear of the law.He said he had never been asked to perform such a ceremony, but said it should be legal because single mothers had legitimate needs and did not want to be immoral by having sex outside marriage.
"There are many single mothers in the community, and their's would be a legitimate case to be a second wife. The Australian law is unfortunate because in a democratic country people are to be free," he said.
But Joumanah El Matrah, head of the Islamic Women's Welfare Council of Victoria, condemned the practice and said some community leaders encouraged it "because then they are seen to be more authentic Muslims". Ms El Matrah said women in polygamous marriages suffered psychologically and emotionally, and their right to property and livelihood was also compromised.
"To suggest somehow that polygamy is an uncontroversial practice among Muslims misrepresents the practice in reality. It is a contentious practice and the majority of Muslims frown upon it," she said. Ms El Matrah said she felt that polygamy was on the rise because 10 years ago "we wouldn't have heard of it". Now her organisation is aware of several cases.
Dr Ahmed, chairman of the Africa Think Tank, said many Somali refugees who came as single mothers with no one to look after them just "compromise and join another family".
The Mufti of Australia, Sheik Fehmi Naji el-Imam, said such a serious subject should be discussed by the Australian National Council of Imams. "If they favour it they can make a delegation to speak to the federal Attorney-General. But we are not pushing it."
Attorney-General Robert McClelland condemned polygamy, saying it was entirely inconsistent with Australian cultures and would remain illegal. "Everyone should be on notice that the law in Australia is that marriage is between a man and a women to the exclusion of all others," he said.
Islamic Council of Victoria spokeswoman Sherene Hassan said polygamy was a non-issue in the Muslim community. "It's not something there's a push for at the grassroots. We abide by the laws of the land, and they say only one wife is permissible."
Ms Hassan said polygamy was a form of welfare in 7th century Saudi Arabia, a way of looking after single mothers or women who were sick. "Fourteen hundred years ago it was altruism. These days the motivation behind polygamy is probably less honourable."