Islamic identity and public order: the effects of polygamic marriage in the Spanish Social Security System

Abstract

In this study we realized a general analysis on the relationship between Islamic identity and Spanish public order, and a specific analysis on the possible effect that the conclusion of a polyga­mous marriage may have on the right to Social Security benefits in Spain, taking as starting point that its admission is part of the Islamic identity but is contrary to essential constitutional principles such as the right to non-discrimination. And this taking into account the benefits covered by the Spanish system and with particular attention to the criteria of the Courts in relation to the most controversial pensions, which are those of widowhood and orphanage.