POLYGAMY AGAINST MORAL OR AGAINST LAW? A COMPARATIVE STUDY BETWEEN BRAZILIAN LAW AND ISLAMIC LAW POLIGAMIA CONTRA A MORAL OU CONTRA O DIREITO? UM ESTUDO COMPARADO ENTRE O DIREITO BRASILEIRO E O DIREITO ISLÂMICO

Recebido em: 05/06/2020 Aceito em: 27/07/2021 Abstract: This article aims to investigate in a different way the concomitant relations of conjugality here from the moment it is formalized matrimonialized as to its conformation as a situation of fact, not Authorized and not Islamic Law. The Brazilian and Islamic legal systems admit and protect polygamous relationships? The conclusion is that the right of reply is the right of police expression manifested in polygamy. In Brazil, the laws are not of the world of facts, being inclusive, in some cases, those of the right to the right, but there is still a strong tendency to legalize the legalization of polygamy, for strictly moral/religious reasons. Thus, contrary to common sense, the study concluded that the Muslim is more monogamous than the Brazilian is. Still, it can be affirmed that, although Brazil declares itself secular, in practice there is no demarcated separation between State and religion. The Islamic communism is the rights of human religion. Paradoxically, would Brazil then be cloaked in the veil of Islam? The methodology used is exploratory, from a comparative perspective, taking the necessary precautions to differentiate between the two systems.


INTRODUCTION
In a discussion about the registration of 3 poly-union unions in Brazil, the National Justice Corregidor of the National Justice Council ("CNJ"), minister João Otávio Noronha, in his vote, said that "the very few cases in the country are not suitable for demonstrating changes in social thinking and 1 Pontifícia Universidade Católica do Paraná. Paraná. Brasil. 2 Faculty of Law of the University of Alexandria (Egypt). Egito. [ISSN 1982-9957]. Santa Cruz do Sul, n. 63, p. 26-48, jan. 2021.

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https://online.unisc.br/seer/index.php/direito/index force. As well as the fact that states do not declare themselves Islamic does not means that Islamic law will not be applied.
The fourth consideration necessary to avoid confusion is that Islamic law can't be confused with the positive law of secular states of predominantly Muslim population. A country with a majority of the Muslim population can be secular and produces its own legal system (LIPOVETSKY E SILVA, 2009, p. 49-50) 5 . This is the case of Turkey, which has 99% of the Muslim population but is reportedly secular 6 .
The fifth consideration to be made is the difficulty of conducting comparative studies between two very different legal systems. Faced with the vastness of the Islamic world, each country has different characteristics, history and political and socio-economic conditions. In view of this, one must seek, from a given legal institute, points of confluence and divergence (DIMOULIS, 2016, p. 85) 7 . In addition, this issue is not treated in the same way in Islamic countries, and oscillations can be verified (ABDAL-HAQQ, 2002, p. 35-41). Thus, the analysis will be performed in general, within what can be generalized.
The sixth and last consideration is that the subject of polygamy is treated differently in Brazil and in Islamic law, and goes beyond the law to the issue of morality/religion. When the legislator or the interpreter of the law uses religious convictions in a legal decision, he is mixing Law and moral.
However, an understanding can be influenced by morality without a religious character. 8 From this, the article will be developed in the following way: (a) it will approach the influences of the moral in the Brazilian Law and in the Islamic Law; (b) it will verify the contours of the notion of conjugality in Brazilian and in Islamic Law; (c) it will characterize the institute of polygamy in the two legal systems.

ISLAMIC LAW
In Brazilian and in Islamic law, morality influences on Law occurs in a very different way. While in Brazil the interpreter may not -or should not -conduct a judgment in accordance with his or her 5 In the following countries, although with a predominantly Muslim population, there is a declared division between state and religion. They are: Albania, Azerbaijan, Bangladesh, Burkina Faso, Chad, Gambia, Guinea, Kazakhstan, Kosovo, Kyrgyzstan, Mali, Northern Cyprus, Nigeria, Senegal, Syria, Lebanon, Tajikistan, Turkmenistan, Turkey and Uzbekistan. (WORLD ATLAS). 6 Article 2 of the Turkish Constitution: "the Republic of Turkey is a democratic, secular and social State governed by the rule of law […]". (TURKEY, 1982). 7 The comparative study of constitutional law should identify networks of influence and collaboration between legal systems (free translation). (DIMOULIS, 2016, p. 85). That is, if the institutes are identical or distinct, there is no way to perform comparative studies between them. It is necessary, therefore, to point out points of confluence and divergence, so that, eventually, some adaptation could be done in the local legal framework. 8 A loving relationship between siblings is considered an example of what for many people is morally unacceptable. It is thus verified that morality is wider than religion. [ISSN 1982-9957]. Santa Cruz do Sul, n. 63, p. 26-48, jan. 2021. https://online.unisc.br/seer/index.php/direito/index moral and/or religious beliefs 9 , in Islamic Law, in some areas of Law, there is the use of Quran principles and injunctions (ABDAL-HAQQ, 2002, p. 33). 10 Considering that the subject of overlaps between morality and law is extensive, this point will be systematized as follows: (i) the separation of law and morality from a juspositivist view; (ii) moral influences on Brazilian law, focusing on families laws' 11 and the relativization of the secular state in certain judicial decisions; (iii) the influence of morality (religion) on Islamic law.

The separation between law and morality in juspositivism
In the juspositivist view, 12  Lawyers who reject the link between morality and law accept the existence of personal morality; however, they argue that it is not relevant to the law. There are also juspositivists who accept the existence of objective morality, but also deny its relevance to the law. Dimitri Dimoulis sets the example of a Catholic with unshakable faith in the moral teachings of his religion, who can objectively study the legal system without changing his stance against morality. However, probably in the legal gaps that require interpretation of the judgment, this fervent Catholic will conduct his decision on the basis of moral teachings (DIMOULIS, 2006, p. 168-169). Dimoulis (2006, p. 168-169) presents four interpretations of this thesis about the separation of law and morals which are done in the wrong way. The first is that positivism denies any moral influence on law. The juspositivist affirms that the interpreter of the law cannot modify the decision of the legislator when there is divergence between law and justice. In other words, only the creator of the norm can take into account the moral; the applicator must decide to take into account only what was created by the legislator. For example, the legislator could create a rule that provides for a decision However, Pierre Legrand (2012, p. 30-31) alerts to the impossibility of the subject to dissociate himself from his pre-concepts and preconceptions 13 even this is a strict juspositivist. This is because, if the interpreter or the comparator, he will use meaning from his reading of the world. Therefore, as will be verified, the difficulty faced by the separation of law and morality by the interpreter or legislator and also by comparative studies of a legal institute, since it will be the interpretation of the native and foreign law carried out by the authors (from its historicity).

The influence of morality on Brazilian families' laws
Some of the influences exercised by morality in Brazilian legal system would have as a cut off the families' laws, because this area is related to the subject of polygamy -this is because it would not be possible to work all the influences of morality on the law in an article.
Firstly, there is no way to deal with morality influences in Brazilian legal system without going into the aspect of state secularism (since many controversial decisions will touch this aspect of the Brazilian State). The Federal Constitution of 1988 prohibits federal entities from establishing religious services or churches and maintaining relations of dependency or alliance. 14 The Constitution of 1891 already provided for the secularity of the Brazilian State.
Thus, religion in Brazil should not influence the legal order, in order to adapt laws and codes according to its principles, but should be based only on social ethics.
However, in practice this is not what is observed. What is verified is a strong morality/religious influence on Brazilian legal system. 15 Beginning with the preamble of the 1988 Constitution, which 13 Regarding the preconceptions and the impossibility of completely unlinking them, it relates to Gadamer's conception of hermeneutics. In addition, language is fundamental in understanding because all comprehension is interpretation, and interpretation develops through language, thus having an essential relationship between language and comprehension (GADAMER, 1997). Gadamer questions how it would be possible to understand, developing that it is only explicable from our history and tradition, linked to customs and traditions. In this way, our consciousness is determined by history. The historicity, for the author, is the positive condition for the knowledge of the truth, because we belong to history (OLIVEIRA, 1996, p. 225-236). 14 Article 19, paragraph I: the Union, the States, the Federal district and the municipalities are prohibited: to establish religious services or churches, to subside them, to embarrass them, or to maintain with them or their representatives relations of dependence or alliance, in the form of law, collaboration of public interest (free translation) (BRASIL, 1998). 15   call this phenomenon of secularism "à brasileira". For the authors, the Brazilian State goes through confusion and interference of religious elements in the public sphere. Formally have a separation between State and religion, with the possibility of collaboration for the purpose of public interest; in practice, religious elements permeate public spaces, symbolic or physical, as well as the political and legal sphere, reaching even the public education (free translation This issue may lead to a view of partiality of the Judiciary, especially when issues in which the favored religion has a standing position are involved, as has invariably occurred in Brazil in cases involving sexual and reproductive rights. On the other hand, the presence of this symbology can influence the judges in making their judgments, although they have to rationally filter their religious preconceptions (SARMENTO, 2007).   Sarmento (2007) rightly says that the presence of this religious symbol at the session rooms of the courts -usually in a position of absolute prominence, behind and above the chair of the president, conveys a not neutral message, associating the jurisidicional provision with the majority religion, which is frankly inconsistent with the principle of secularism of the State, which demand the State neutrality on religious issues (free translation). (ii) The conception of a family still predominant is the one built around the patriarch, formed monogamous and heteroaffectively. In the Christian Bible, the apostle Paul recommends that:

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"women, subject yourselves to your husbands, as to the Lord; For the husband is the head of the wife, even as Christ is the head of the church, being himself the savior of the body. Therefore, just as the church is subject to Christ, so also let women be subject to their husbands in everything" (HOLY BIBLE).
(iii) The submission of the will of women is also expressed when criminalizing abortion. This issue has been the subject of intense debate, including through the claim of non-compliance with a fundamental precept ("ADPF") No. 442 asks that abortion done in the first 12 weeks of gestation should not be considered a crime. It was the largest public audience (in number of exhibitors) that happened in the "STF" and the case with the largest number of amicus curiae offered in Brazilian constitutional history (CARTA CAPITAL).
Maria José Nunes, representing the group "Catholics for the Right to Decide" in the public hearing held before the "STF" began the trial of "ADPF" 442, emphasized that "a secular state isn't against religions, but does not allow it to be imposed on all society, increasingly diverse in its religious adherents, the norms and agenda of a single religion" (DIÁRIO CENTRO DO MUNDO). [ISSN 1982-9957]. Santa Cruz do Sul, n. 63, p. 26-48, jan. 2021. https://online.unisc.br/seer/index.php/direito/index (iv) Another influence is found in the social function of the family, which is predominantly linked to procreation. In the book of Genesis, the precept taught is "grow and multiply". For this, the reproduction of the family is connected to the heterosexual relationship, which is the one that guarantees the biological reproduction, the future heirs, by means of which the material and immaterial patrimony, received from the father figure, will be perpetuated.

The influences of morality on Islamic Family Law
In Islamic law there isn't separation between religion and law, all laws being based on religion and based on the sacred scriptures or the opinions of religious leaders. Thus, Islamic law is an unfolding of the Islam religion, even sharing the same sources.
The primary sources are the Qur'an (Qu'ran), which is the main source of Islamic law, and the Sunnah, which are the words (called Hadith) and the acts that the Prophet Muhammad practiced or refrained from practice (their standards of conduct). These two sources constitute the Shari'a. The secondary source is jurisprudence (Fiqh), which is responsible for the application of Shari'a (ABDAL-HAQQ, 2002).
The Shari'a is the fruit of divine revelation (Allah), and over time has been shaped from theories and interpretations. This has resulted in several schools of thought, which can range from Islamic countries to even within the same country (BASSIOUNI; BADR, 2002).
Giving some examples of these influences of morality/religion into the scope of Islamic family law, it is observed that, because of these primary sources in legislation, there are situations in which there are no equal rights between men and women. 22 In divorce, for example, a man may request it at any time and without any cause/justification, whereas a woman can only apply for divorce if the husband is recalcitrant or under limited circumstances (LEICHTER, 2009).
As for the custody of the children, the father usually receives legal custody or is appointed as his guardian (wilāyah). If the father cannot be the guardian of the child, the Court will appoint an Islamic judge to serve in the function. The guardian has power over the property interests of the child and may enter into contracts on behalf of the child.
Already the principle of inheritance distribution in Islam is that the portion for a male beneficiary is equivalent to two parts of the beneficiary of the female sex. 23 Still, the first part of the estate of the deceased, which is automatically divided among the heirs, must obey the supposed 22 Quran 4:34: "Men are the protectors and maintainers of women because Allah has made one of them excel over the other and because they spend out of their possessions (to support them). Thus righteous women are obedient and guard the rights of men in their absence under Allah's protection. As for women of whom you fear rebellion, admonish them, and remain apart from them in beds, and beat them. Then if they obey you, do not seek ways to harm them. Allah is Exalted, Great" (THENOBLE QUR'AN There is also a prohibition of legal adoption in Islamic law. 25 This situation stems from the fact that it is wiser for Allah to keep the child with the surname of the biological family. Orphans, however, have the right to be treated with dignity and respect, since they are brothers of religion.

THE NOTION OF CONJUGALITY IN BRAZILIAN LAW AND IN ISLAMIC LAW
In view of the plurality of relationships that have recently developed, a broad term -conjugal union -is chosen that is capable of encompassing marriage, stable union, and non -formalized unions.
Preliminarily, it is necessary to delimit the understanding of the term conjugality, so that, if these terminological precisions are fulfilled, polygamy can be characterized. In this article, this term will be used to designate the affective and stable union of people who have the intention of forming a family (animus familiae). Thus, temporary unions for other purposes will not be considered marital.
Moreover, the ostensibility is not considered an indispensable criterion for the constitution of this relationship, since many relationships are kept secret for many reasons, but they are no longer considered as marital relations.

Conjugality in Brazil
The formal conjugal union in Brazil can be as much by the marriage as by the stable union. 26 Both are explicitly recognized in the Federal Constitution as family entities (LÔBO, 2004).
There is no legal definition of marriage, despite the fact that it is treated in 110 articles of the Brazilian Civil Code. In this code, article 1.511, the requisites of celebration are established, the rights and duties of the spouses are listed, the regimes of property are regulated and the end of the marriage is regulated. However, the law defines its purpose, to establish full communion of life, on the basis of 24 It is important to emphasize that marriage is consumed at the time of the conclusion of the contract 29 (moment of "yes"), and not later in the marriage bed. It does not depend on the couple's sexuality.
As There is also a detachment of formal relations, for various reasons, so that there have been innumerable marital unions without formalization through marriage or stable union. This has 27 Until the nineteenth century, marriage was seen in western societies merely as a trade agreement between two families, where the "grooms" had no voting power. The movement of romanticism came to alter this image and then there was the idea of marrying for love. 28 Article 1,515 of the Brazilian Civil Code of 2002: religious marriage, which meets the requirements of the law for the validity of civil marriage, equidates itself to this, provided that registered in the own register, producing effects from the date of its celebration (free translation). 29 The doctrine diverges as to the legal nature of marriage.  contributed to the expansion of the notion of family as a "bond of affection that generates responsibilities" (DIAS, 2017). Maria Berenice Dias defends that "it is not the legal imposition of norms of conduct that consolidates the conjugal structure. It is simply the sincerity of feelings and the awareness of the roles played by its members that guarantee the survival of the relationship, as the thirst for personal development and fulfillment" (DIAS, 2000).
Thus, the intention to constitute a family is sufficient, being indifferent if they formally register in the civil registry or in the registry, or if they simply have the purpose to live together. The rights and duties are the same. It should be noted that the conjugal union without formalization has grown greatly among Brazilians.

Marital Union in Islam
In Islamic law, marriage is the only form of conjugal union recognized and protected by law. A contractual relationship stipulates reciprocal rights and responsibilities for each spouse whose main purpose is to regulate sexuality within marriage (ELTAHAWY, 2015) and create an atmosphere for the continuity and expansion of the family. It is so much that children not born in marriage have no legitimacy and do not share the inheritance of their parents.
In general, the wife (zawja) has the right to be kept by her husband (zawj) and owes her obedience, and the latter can control the woman's leaving home, as well as visiting relatives. As for the possibility of working, the woman can do so, provided she receives authorization from her husband.
We can list some characteristics of this contract, called Nikah: there is no need for a religious authority (imam -person who leads mosque prayers) to conduct the ceremony; must be signed before two witnesses (they must be adults).
The marriage proposal can be offered to the man by the woman or her guardian (usually father or brother) or vice versa. In the case of mutual acceptance, there is usually the payment of a dowry (called "mahr" or "saddaq") (LEICHTER, 2009). 34 After the conclusion of the contract (which can be signed between the man and the woman or between the man and the woman's guardian), the latter has two main effects: women provide sexual favors and in return they gain the right to livelihood. It is emphasized that sexual intercourse, as consummation of marriage, is a condition of validity.
It is emphasized that Islamic communities allow inbreeding, which is marriage between close relatives. 35 Thus, it is common for first-degree cousins to marry. Another interesting question is that women cannot marry 36 men who are not Muslims. Men can marry non-muslim women. 34 Generally, (although this varies according to custom), a small portion of the Mahr is delivered in the signature of the agreement, and another part, much larger, is paid when there is divorce or death of the husband. The parties may also stipulate in the contract that this other party is delivered at any time, under the wife's demand (LEICHTER, 2009). 35 The Quran prohibits marriage with mothers, daughters, sisters, aunts, nieces, "milk mothers", "milk sisters", stepchildren, daughters in law and widowed mothers. (Quran 4:23). 36 There are studies that highlight the negative effects of these consanguineous marriages, as we can see: TADMOURI, 2009. As stated, marriage generates for each of the parties rights and duties deriving from the Shari'a. Some of these, however, vary among Islamic countries, and may be increased or reduced.

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For example, in many Islamic countries, a wife may enter into the marriage contract the reasons why she may have the right to divorce 37 (even without the consent of the husband). 38 On the other hand, the marriage contract can't alter the husband's unrestricted right to divorce his wife without just cause, since that right is considered unalterably granted to the husband by the Shari'a (LEICHTER, 2009).
When the husband wishes to divorce, he must pronounce the word "talaq" (which means: I repudiate you) three times. However, it cannot be pronounced when the woman is in her menstrual period. After pronouncing the first time, the next two should occur during each of the periods after the cessation of the wife's menstrual cycle. In some cases, it is permitted to pronounce "talaq" three consecutive times. After that, the woman stays in an idda, or waiting period, for three months, during which she is forbidden to remarry. In this time span, man must continue to provide his sustenance.
After that time, your obligations cease (LEICHTER, 2009). 39 Lastly, there is a mode of marriage between shiites known as Mut'a, which is a temporary marriage contract, which can last from a few minutes to ninety-nine years. During the Mut'a, sexual union and the possible children generated are legitimate. The Mahr's payment must be definitive and the husband's control over the wife is reduced. On the other hand, the woman does not have the right to the sustenance. The end of the Mut'a is with the termination of the contract. It should be noted that as long as the man simultaneously performs as many weddings as Mut'a he wants, the woman can only do it one at a time. At the end of a Mut'a, you can only hire another after the 'idda' (LEICHTER, 2009).

POLYGAMY IN ISLAMIC LAW AND IN BRAZILIAN LAW
37 The Shari'a predicts six ways to dissolve the Nikah: 1. Divorce by repudiation (Talaq) -Talaq Ahsan, Talaq Hasan, Talaq Bid'ee; 2. Constructive Divorce -Ila, Zihar; 3. Divorce Delegated (Talaq Tawfiq); 4) Compensacional divorce (Khula); 5) Separation/annulment -Fasku, Tafriq; 6) Apostasy (Riddah). 38 Here it is important to point out that the woman may initiate the divorce, but for either should either give up partial or entirely of her right to the "Mahr" provided in her marriage contract, or offer some other compensation to the husband for this to allow the divorce. This consented divorce is called "Khul or Mubarat".
In some circumstances the courts may grant a divorce to a woman for specific reasons, such as when the husband is guilty of acts prohibited by Shari'a, even if the husband does not consent to divorce. It is called "Tatliq or Tafriq". In this case, the wife still has the right to "Mahr". Still, in most Islamic countries, the marriage contract itself can stipulate specific reasons why a woman has the right to request and obtain an unconditional divorce without abdicating her "Mahr". Some of the reasons may be when the husband marries a second wife or when he prohibits her from working. However, these reasons should also be proved in the Shiite court, and the right to divorce is subject to the decision of the judges (LEICHTER, 2009). 39 Even, Shari'a does not foresee any support from her husband after divorce, such as pensions, for example. For this reason, in the marriage contract must be established the "Mahr" that the wife receives with the end of the pact. It is important to emphasize that Nikah also presupposes the application of Shari'a to prevent the wife from claiming any property acquired during the marriage with the husband's efforts or property on his behalf. The woman, in addition to the "Mahr" is only entitled to the goods that are in her name and her own gains during the marriage that still remain after the divorce (LEICHTER, 2009 Polygamy, according to the Houaiss dictionary, is the conjugal union of one person with several others. It contains two species: polygyny, when a man marries more than one woman or polyandry, when a woman marries more than one man. Initially it is important to distinguish the expressions: polyphasic or polyamine unions, polygamy, and parallel or simultaneous unions. The distinction between the first two lies in affection. In polygamy, a conjugal union does not necessarily have love as its basis. The purpose may be different, such as patrimonial, for example. On the other hand, a poliaffective union is a conjugal union centered on the principle of affectivity. In these two situations there is usually cohabitation. 40 Parallel unions are those where marital bonds do not happen under the same roof, having one element in common (usually man).
It is worth mentioning that one type of relationship does not exclude the other. It is possible, for example, that a polyphasic relationship is also polygynous (for example in the case of two women and a man who live together and have animus familiae). Similarly, a parallel union may also be polygynous (for example in the case of a married man owning two families in separate households, with animus familiae in both).
Another consideration is that the coexistence of two or more affective relationships (polyamorous) presupposes the consent and acceptance of those involved. In polygamy, there are not always these elements, since affection is not necessary for its characterization, occurring in many cases in secret or without the consent of the non-common part.
Still, it is necessary to deal with the two-dimensionality of polygamy. Exogenous polygamy is one that arises out of conjugalities external to an original family community. However, the endogenous is composed of multiple conjugalities inserted in the same family group (PIANOVSKI, 2006).

Polygamy in Brazilian Law
The Brazilian legal reality in the area of families' laws is complex. As we have seen, marriage is not the only form of conjugal union, but only one species among others.
One possible consequence of this is that, since homoaffective union is allowed, one can have other types of conjugal arrangements, other than polygyny or polyandry, such as a man who marries several men and a woman who marries several women, or a man who marries a man and a woman or a woman who marries a man and a woman.
Thus, when one speaks of polygamy in Brazil, one can refer both to the multiplicity of marriages, to stable unions, or to unformalized unions, but to the constitution of a family.
In the West, the predominant historical conjugal model is monogamous, that is, where the individual has only one partner or partner at a time (DIAS, 2015, p. 42 The Brazilian Civil Code does not admit bigamy (and consequently polygamy), and when it comes to unions parallel to marriage, it is called concubinage, 44 dispensing with differential treatment of such relationships and withdrawing from them rights conferred on unions in which there is no impediment to marriage between those involved. 45 Because of this legal prohibition, Brazilian jurisprudence tends not to recognize the legal effects, in the context of families laws, of the concomitant relationship(s) to the monogamous union (DIAS, S.I.).
However, the 1988 Federal Constitution gives special protection to the family. 46 It is understood, therefore, that the State must interfere in this scope only in the sense of protection, not of exclusion. It must therefore restrict itself to declaring the existence of a family, independent of its form and conferring social protection on it (ALBUQUERQUE NETO, 2002, p. 150).
Based on this understanding, part of the Brazilian jurisprudence and doctrine has recognized polygamous unions to give those effects regarding social security and inheritance rights, among others.
In social security law, most of the doctrine understands the possibility of apportionment of a pension by death when there is an extramarital union. Those who understand this use the principle of protection of dependents, especially their centrality, and the principle of solidarity, emphasizing the predominantly alimentary nature of the death benefit (CORREIRA; CORREIA, 2012, p. 341).
The first-degree judicial decisions have been divided, so that sometimes the adoption of the current social security with its protective focus is chosen, determining the apportionment between wife and partner, or prevails the more traditional doctrine, eminently civilist, which denies the benefit.
more to patrimonial, succession and economic issues. Although uniconjugality has legal value, it is nothing more than a system of moral rules (free translation). 42 Article 235 of the Brazilian Penal code: Contract Someone, being married, new marriage: Penaltyimprisonment, from two to six years. § 1 -He who, not being married, contracts marriage with a married person, knowing this circumstance, is punished with imprisonment or detention, one to three years. § 2annulled for any reason the first marriage, or the other for reasons other than Bigamia, is deemed to be nonexistent the crime. Polygamy, that is, the contraction of three or more marriages by the same person, also configures the offence. In this case, however, there will be a single crime of Bigamia, but several, in a crime contest (BRASIL. Decree-Law No. 2,848, of December 7, 1940. Penal code). 43 According to the Brazilian Civil code, cannot marry (article 1,521): I-The ascendants with the descendants, whether natural or Civil kinship; II-the related ones in a straight line; III-the adoper with whom he was the spouse of the adopted and the adopted with whom the adoptee was; IV-the siblings, unilateral or bilateral, and other collateral, up to the third degree inclusive; V-the adopted with the adopant's child; VI-married people; VII-the surviving spouse with the convict for murder or attempted murder against his consort (free translation) (BRASIL. Law No. 10.406, of January 10, 2002 The decision of the Regional Court of Uniformization of the Federal Regional Court of the fourth Region, in an incident of uniformity, against a decision that dismissed the request for the grant of a death pension because the author maintained an extramarital relationship with the insured. The decision was that marriage parallel to marriage is not impeding the deferral of the benefit. 47 The Federal Supreme Court has understood that there is no right to apportionment of death pension in the case of a long-standing extramarital relationship, overlapping the right of the spouse to receive the full benefit. However, this understanding can be modified by In the scope of the families' laws, also there is recognition of these unions. The Supreme Federal Court's precedent No. 380 provides that "proven existence of a partnership between the concubines, it is possible to dissolve it judicially, sharing the equity acquired by the common effort".  It is important to note that permitted polygamy is the endogenous polygamy, so that the husband and the wife are as a single-family group. Exogenous polygamy, which would be the extramarital relationship of a married man or a married woman (adultery) is not allowed.

Polygamy in Islamic law
Yet, marriage and polygamy in Islam are a matter of mutual consent, not an imposition or imposition. In addition, there is the possibility of stipulating in the prenuptial agreement the prohibition of multiconjugality. In this contract, called Nikah, in some cases it is allowed to establish some other rights (LEICHTER, 2009).
For Islamic law, polygamy significantly reduces the likelihood of adultery and divorce, preferring it to treason. In addition, it allows every woman to be under the protection and guardianship of a spouse, thus being able to experience motherhood.In practice, what we do is that men do not feel secure in taking on the financial/psychological obligations of more than one wife. Research already conducted indicates that no more than 2% of married men practice polygamy (ISLAM RELIGION, 2010).

CONCLUSION
From the analysis of the types of marital unions and the possibilities of polygamy in Brazilian and in Islamic legal systems, and from the comparative study of these legal systems, it is possible to establish some similarities and differences between the two systems: 1. Islamic law is a facet of the Islam religion, the Koran being the main source of law. Thus, a strong influence of religion on the families' laws is observed, especially in the regulation of marriage.
On the other hand, Brazil, as an officially secular state, should not suffer religious interference in the regulation of families' laws. That is not the case. As has been shown, there is strong interference by Christianity in the regulation of legal institutes. the Islamic perspective, there is equality. It is also important to emphasize that Islam is often used as a pretext to legitimize some local beliefs and traditions, 51 but which are not foreseen in the Shari'a, such as the use of the veil (hijab) 52 . 53 Brazilian legal system despite legally granting equal rights to women, prohibiting discrimination, in practice there is a strong gender inequality. Surely, the tendency to infidelity is historically masculine, so it is a matter of pride for man to maintain affective relationships with more than one woman. From this, a strengthening doctrine is that only when the "other" affirms that he does not know that his partner is in the "married" state, there is a recognition that he is in good faith and is admitted the recognition of stable union (called a putative stable union).
If the "other", however, asserts that he was aware of the double relationship, there is a characterization of bad faith and a bond is given by nonexistent, being at most recognized, in some cases, an entity with exclusively economic ends. Thus, when this division of property is extinguished, as a rule the property is in the name and in the hands of the man, it is up to the woman to prove that she contributed to the increase in her estate. If there has been no acquisition of property, nothing is conferred on the "concubine" (neither food nor any inheritance right). This is a conservative and discriminatory attitude toward women.
6. Endogenous polygamy (the one with the same family nucleus) is permitted in Islamic law and prohibited (also criminalized) in Brazil. As for exogenous polygamy (maintaining marital relations outside the familiar nucleus) in Islamic law, it is prohibited and, in some countries, criminalized (this does not mean that there is no extramarital affair). In Brazil, adultery ceased to be a crime, and in 2005, with the enactment of Law No. 11.106, which revoked article 240 of the Penal Code. As for the prohibition, there is controversy, since the Civil Code lists fidelity as the duty of both spouses, but the 50 About the theme check: REHMAN; POLYMENOPOULOU, 2013. The authors show that several passages of the Quran recognize homosexuality and celebrate sexual diversity, and that, therefore, it is inaccurate to suggest that there is a prohibition of homosexuality in Islam and advocate criminalization or the adoption of discrimination practices against sexual minorities. 51 Eltahawy (2015) attributes the misogyia of the Arab world to a "toxic mixture" of culture and religion. The author reinforces that is easy to accuse muslims of misogyia because they don't conceal it, but society as a whole perpetuates the oppression of women, as something cultural and not entirely linked to religion. 52 About the theme check: FERREIRA, 2013. The author says that the use of Islamic clothing should be analyzed from the perspective of the empowerment, identity and religiosity of Muslim women (free translation Constitution is silent on the subject. Therefore, are those who think that it is a legal duty and there are those who think that they are a moral element (in the same way as monogamy). Despite the divergence, in Brazil the legal effects of polygamy (both endogenous and exogenous) have been recognized.
7. Finally, we note a contradictory situation: in spite of the clear permissibility of polygamy in Islam, its actual practice is small. Most Muslim men believe they cannot afford the expenses and responsibilities of more than one wife. In Brazil, the number of extraconjugal cases is enormous, so one can safely conclude that, contrary to the prevailing notion, Muslim men are strictly more monogamous than Brazilian men are.
Established these points of convergence and divergence, it is possible to calmly answer the question proposed in the title of the paper. Polygamy in Brazil is contrary to morality and not to the Law, since the Federal Constitution, as a rule, gives special protection to the family (whatever form it may have) and the State should only respect the choice of individuals. Moreover, the Constitution does not prescribe a principle of monogamy, so that any laws or interpretations that contradict this understanding are unconstitutional and have a strong subjective, moral character.
Already in Islamic law, law permits polygamy, and since it is part of religion itself, it is morally accepted. It does not therefore contradict neither the morality nor the Law. Within cultural and social issues, this practice is accepted.