POLYGAMY IN INDONESIAN ISLAMIC FAMILY LAW (original) (raw)
Related papers
AKADEMIKA: Jurnal Pemikiran Islam
This article discusses the regulation of polygamy in Law No. 1 of 1974 and its derivative rules, as well as the Compilation of Islamic Law with an analysis of Islamic legal philosophy/maqashid al-shari’ah. This research is based on the legitimacy of polygamy as stated in Law Number 1 of 1974 concerning Marriage, article 3, paragraph 2. Polygamy also has rules that require the husband to obtain formal permission from the wife through a court process. Why do the Marriage Regulations regulate this? This research is based on a qualitative descriptive literature review. The method of analysis employed was content analysis, which involved creating an inventory of Indonesian family law norms and analyzing them using the maqashid al-shari’ah theory. This study finds that the regulation of polygamy in Indonesia is carried out to protect women's rights and children's rights. Furthermore, the rule aims to build a happy, peaceful, and prosperous family in the long run (sakinah, mawaddah...
Reformulation of Family Legal in Indonesia for Female Maslahah
Asy-Syari'ah, 2020
In Law Number 1 in 1974 article 3 section 1 and 2, providing an explanation of the marriage principle is monogamous but is open, or in KHI using the term polygamy is limited to four wives, but with a record of the ability to provide and do justice towards his wives and children. Households that are built based on polygamy are part of a community that is a matter of controversy, but legal normativeity has been ratified and that a social reality occurs. The method is used in this study by collecting data in the form of literature research, as for the steps in this study by reading literature in the form of books, articles, legislation, and fatwas. The data is analyzed by qualitative descriptive method in order to obtain research results based on theories related to research The results showed that there were no women who were willing to be polygamous. In the case of polygamy, women are the object of violence wrapped neatly in household 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.
The Development of Indonesian Marriage Law in Contemporary Era
De Jure: Jurnal Hukum dan Syar'iah
Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.
POLYGAMOUS MARRIAGES IN INDONESIA AND THEIR IMPACTS ON WOMEN'S ACCESS TO INCOME AND PROPERTY
Most studies on polygamy mainly focus on the male normative interpretation of the Quran. This paper, however, will focus on the practices of polygamy. It will mainly explore whether the practices of polygamy are legal or illegal (unregistered for not following the procedure and requirements stated in the 1974 Marriage Law). This paper argues that most polygamous marriages in Indonesia are illegal. This practice can be considered a form of resistance to the Law which requires a husband to ask the permission from the Religious Court before entering polygamous marriages. This paper will also elaborate various living arrangements of legal and illegal polygamous marriages with various consequences on maintenance and property ownership among wives. [Kebanyakan studi tentang poligami berfokus pada interpretasi laki-laki terhadap al-Quran yang bersifat normatif. Akan tetapi, artikel ini akan berfokus pada praktik poligami. Artikel ini terutama akan menerangkan apakah praktik poligami itu legal atau tidak legal (tidak dicatatkan karena tidak mengikuti aturan yang ditetapkan dalam Undang-Undang Perkawinan/UUP 1974). Artikel ini berargumen bahwa kebanyakan perkawinan poligami itu dipraktikan secara illegal. Praktik ini merupakan bentuk dari penentangan terhadap UUP yang mengharuskan seorang suami memohon izin terlebih dahulu kepada Pengadilan Agama sebelum berpoligami. Makalah ini juga akan menjelaskan berbagai pengaturan hidup dalam
Ulumuna Journal of Islamic Studies, 2024
This article probes whether methods of validating unregistered polygamy in Indonesian Religious Courts have honored the due process of law. Judges have adopted two different methods in validating unregistered polygamy: first, by ordering concerned parties to apply for the issuance of a retroactive marriage certificate (isbat nikah), and second, by advising them to submit a polygamy permit application. Using the sociolegal approach in examining Ratio Legis and selected cases on unregistered polygamy validation across Indonesia, it finds that the existing methods have impacted protecting women's and children's rights and marriage law objectives. Opting for isbat nikah means perpetuating violations of the marriage law provisions and objectives, which restrict polygamy through court proceedings to be orderly administration and protect women's and children's rights. Meanwhile, requiring unregistered polygamists to remarry by applying for a polygamy permit could impact wives' rights who are married without registration and their children's. The 2018 Supreme Court's Circular prohibiting the Religious Court from accepting applications for isbat nikah of unregistered polygamy shows its tendency to the formal application of the marriage law provisions. Even so, judges adopt the contentious isbat nikah to legalize unregistered polygamy, mainly when the parties involved accept their polygamy and live peacefully. This bottom-up approach arguably better meets the principles of fairness because all legal rights owed to concerned parties are respected.
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...
2021
One of the things that are protected for the benefit of humans is to maintain offspring. For this reason, Islam regulates marriage and forbids adultery, stipulates who should not be married, how marriage is carried out, what conditions must be met, and how is it legal so that the children that are born from that relationship can be considered legitimate and become legal descendants of their fathers. This study aims to analyze the position of the principle of monogamy in the Indonesian Law Number 1 of 1974 on Marriage by analyzing the application of the principle of monogamy in Law Number 1 of 1974 to reconstruct this law based on justice value. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive...
Islamic Legal Protection of Child's Rights in Polygamous Marriage in Indonesia
2021
The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementation of the protection of child rights in Islamic law on polygamous marriage. This research employed a qualitative method with a socio-legal study case approach. The result of the study showed first, there is always a problem in the matter of the child’s rights that should be fulfilled by polygamist fathers that have to be protected. Second, the rights of children in polygamous marriage cannot be...
AKADEMIKA: Jurnal Pemikiran Islam
This article described the constitutional prohibition for female Civil Servants (PNS) to get marry polygamically which is contained in the Government Regulation No 45 of 1990 in terms of the objectives of Islamic law (Al-Maqashid Al-Syariah). Civil servants as the subjects of this research are the civil servants in Konawe, Southeast Sulawesi. Based on the research focus, the research question was how was Al-Maqasid Al-Syariah on the implementation of Government Regulation No 45 of 1990 regarding the prohibition for female civil servants to become a second wife or more in Konawe? This research used a qualitative approach, while the data collection techniques used in-depth interviews, participatory observation, and documentation. This research found that from the perspective of Al-Maqashid Al-Syariah female civil servants in Konawe, Southeast Sulawesi including their children tend to experience disadvantages. The preservation of religion, soul, mind, property, and offspring will not b...