Engage to Polygamy As An Act of Taklik: Off Islamic Law and Islamic Family Law in Malaysia (original) (raw)
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Legalis Journal of Law Review, 2023
Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.
The Dynamics of Polygamy and Divorce in Muslim Countries
El-Aqwal : Journal of Sharia and Comparative Law
This article talks about the practice of Islamic family law in the Muslim world; Türkiye, Pakistan, and Indonesia which focus on polygamy and divorce. Talking about polygamy and divorce must be familiar to many people because polygamy is a very sensitive scourge when someone does that. Likewise, with divorce, this kind of thing becomes the subject of gossip in society when a family gets divorced. This paper will explain how family law is in the Muslim world, especially Turkey, Pakistan, and Indonesia with the main study of polygamy and divorce which aims to understand the understanding of society from all walks of life regarding the discussions between the two. This research is a literature study that focuses on discussing polygamy and divorce in three Muslim countries; Türkiye, Pakistan, and Indonesia. The data collection method in this study used documentation, namely collecting books, notes, and others that had relevance to the research, which were then analyzed. The results of...
Practices and reforms in the legislation of polygamy in Pakistan
Journal of humanities, social and management sciences, 2022
In Pakistan, polygamy is a serious problem that requires legislation to address. Pakistani law imposes confinement through the Muslim Family Law Ordinance (MFLO) of 1961, which states that no man can marry for the second time without the first wife's consent, but polygamy is not prohibited in the meanwhile. In Pakistan, these rights are routinely violated. The purpose of this research is to look into Pakistan's polygamy difficulties. According to Islamic law, marriage is a civil contract between two people, a man and a woman. It generates all rights and obligations straight now. Nikah is more than simply a contract; it's a way to formalise a man and woman's relationship and recognise it as authentic. In order to prevent breaches of women's and children's rights, the study has identified deficiencies in relevant legislation and recommended amendments to the MFLO of 1961. The findings show that the practice of polygamy has negatively affected the rights, equity, and legal security of women in Pakistan.
ISLAM NUSANTARA’s Perspective on JUSTICE IN POLYGAMY
Asy-Syari'ah, 2019
A man is allowed to marry more than one woman with one important requirement, have an ability to act fairly. The sources of Islamic law, the Al-Quran and As-Sunnah, do not explain in detail the procedures or techniques of fairness for polygamous husbands. However, in the Law No 1 of 1974 concerning Marriage there are articles governing poligamy, as in Article 4 and Article 5. Those provisions show that in the context of Islam Nusantara fiqh, polygamy is open to all men who want to marry more than one woman, but at once closed to a man who unable to the legislation requirements. Through literature studies with jurudic-normative approach, this study found that Indonesia has its own approach to ensure that a polygamous husband can act fairly toward his wives. The article 4 and 5 of Law No. 1 of 1974 on Marriage proofing the intention. Therefore, the position of legislation as a result of Islamic Law transformation into national law becomes a concrete form of Islam Nusantara's fiqh that has been applied in Muslim community life.
USRATY : Journal of Islamic Family Law, 2024
Polygamy in Islam is legal with the condition that it must be fair. In practice, justice is rarely realised. This is what makes the state take a preventive stance by obtaining permission from the first wife. The difficulty of obtaining permission makes sirri polygamy a practice under the pretext of religious syi'ar, even though the danger is the neglect of women and their offspring. This research is a normative research with a statutory approach, analytical approach and conceptual approach which is then reduced, displayed and drawn conclusions on the data obtained. The results of the study state that administratively the perpetrators of nikah sirri are criticised by religion, because in the Islamic concept marriage must be carried out openly (i'lan al-nikah) and administratively the state of marriage must be carried out at the marriage registrar, both at the Dukcapil and at the KUA. Meanwhile, the sanction for those who commit polygamy sirri or underhand is imprisonment for a maximum of six years or punishment in the form of compensation or a fine of Rp. 200,000,000 (two hundred million rupiah), this refers to article 126 of Law No. 1 of 2023 concerning the Criminal Code (KUHP). This research is expected to be a reference for policy makers in formulating regulations that are more comprehensive and effective in overcoming the problem of sirri polygamy, as well as for legal practitioners in providing legal assistance for victims.
Justice value in polygamy regulation of Indonesia and Malaysia in the view of Asghar Ali engineer
2014
ENGLISH: The development of the world brings development of value. The institution of slavery was known to be practiced and accepted by society in the classic world, but today it has been treated as an illegal practice. Islam accepted this practice in the prophet era, but it also has been accepted this practice to be wrong by the time being. Several scholars consider the issue of polygamy as the same as the issue of slavery in term of the changing of its legalization. It may be legal in the classical era, but it can be illegal for the modern era. The illegality of polygamy due to its use to legitimate marriage in the shake of fulfilling desire. Because of this phenomena, polygamy did not result a good protection for member of family. In contrary, it leads to domestic violence and divorce. Indonesia and Malaysia has regulated the practice of polygamy on their law, Indonesia has the marriage regulation number 1 year 1974, while Malaysia has the Islamic family law year 1984. Both of co...
ISLAMIC LAW PERSPECTIVE OF POLYGAMY
ISLAMIC LAW PERSPECTIVE OF POLYGAMY
The institution of marriage in Islamic Law is the cornerstone of family structure of mankind. As nucleus of the society, Family plays key role in the development and sustainability of a nation. Prior to the advent of Islam, the family structure in the Arabian world was in shamble. It had been irreparably destroyed beyond reasonable doubt. Consequently, orphans and widows were uncountable in the society. Social ills became uncontrollable. The family concept was completely eroded away by clannish grouping. Polygamy was prominent in the entire international community. Men of that generation were reckless in marital relationship with women to the extent that one man was married to ten women and above. Orphans fell victims of unregulated family structure, while widows were subjected to humiliation and various forms of sexual harassment in the hand of men. They were been married against their wishes and their legitimate properties (including their inherited estates) were forcefully taken away from them. Since then, polygamy became the only form of marriage known to the Arab society. The term became a common synonym to marriage till and after the advent of Islam. They were so reckless with the practice of polygamy to the extent that widows and orphans were stripped off their fundamental rights and were made objects of oppression in the society. This paper intends to look at polygamy with the spectacle or visual faculty of Islamic Law. The paper attempts to provide answers to the following questions: what is the true meaning of polygamy? what is the Nigerian perception of Polygamy and what is the legal status of polygamy under the Law of Islam?
Journal of Islamic Law (JIL), 2022
As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia.
The Debate Over Polygamy in the Context of Muslim Family Law Ordinance 1961
2016
This paper concentrates on the continuous struggle between vigorous Modernists and highly instutionalized Traditionalists within the context of Pakistan’s Muslim family law ordinance 1961. The later have resisted the efforts of the state to introduce any changes in family laws. The discourse contends, in the first place, that the authentic historical evidence uncovers that the tension between vigorous Modernists (looking for substantive changes for Pakistani women) and highly instutionalized Traditionalists (upholding a conventional perusing of family law) over the extent of Ijtihad. Second, maybe all the more significantly, this guaranteed that the ordinance would be an ‘offspring of compromise’ which is considered the major cause of ineffectiveness of MFLO. This is confirmed in a nitty gritty analysis of the MFLO's features especially polygamy.