UNDERSTANDING QURANIC WORD OF KHIFTUM: A COMPARATIVE PERCEPTION ON POLYGAMY AMONG INDONESIAN AND MALAYSIAN SOCIETY (original) (raw)

Reinterpret Polygamy in Islam: A Case Study in Indonesia

SSRN Electronic Journal, 2000

It is the consensus of ulema (religious leader) in Indonesia that polygamy is allowed in Islam, while polyandry is prohibited. That is why even though that the practice of monogamy has negative impacts to women, some people still conduct it and believe that polygamy is sunnah (the manner or deeds of Muhammad) and part of syariah (Islamic law). This article will explore the perspective of fundamentalist and modernist about polygamy and how the modernist Muslim scholars in Indonesia fight for opposing polygamy.

Understanding the Issue of "Polygamy" in the Quranic Context: A Hermeneutic Approach | By: Hamza Elbuhaisi

2020

The issue of polygamy is considered controversial in the Arab and Islamic world, despite the presence of clear religious texts in the Quran addressing this matter. The nature of the relationship between men and women makes this issue significant. Polygamy is also closely related to social and gender issues that affect daily interactions among people. Human development, in light of globalization and cultural openness, has led to a social rebellion against many of the traditional norms surrounding polygamy. The controversy regarding polygamy remains unresolved, particularly in traditional and conservative societies. Many civil and cultural institutions that advocate for women's rights have rejected polygamy due to considerations of culture and equality. Meanwhile, scientific opinions on the matter have largely remained in the hands of clerical authorities, particularly jurists, as it pertains to Sharia This paper will examine the issue of polygamy from various perspectives, utilizing a "renewal curriculum" known as "contextual reading" of the texts, which is considered a progressive approach to the science of Islamic jurisprudence. Additionally, I will provide a linguistic analysis of the Quranic texts that reference polygamy . The Quranic texts on polygamy are surrounded by numerous interpretations based on linguistic, cultural, and social reasoning. Language plays a crucial role in how the text is read in different ways, while historical incidents provide another perspective on the issue. Furthermore, the verse related to a historical incident was revealed at a specific moment but has been understood intellectually from various angles . Therefore, this research will address two key questions : 1 .Was polygamy permitted as a result of cultural or religious interpretations of the Quranic text ? 2 .Is polygamy compatible with social justice and equality in Islam ?

Polygamy in Indonesia and Its Relevance to the Protection of Women and Children in the Perspective of Islamic Law Philosophy

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...

Reasons for Polygamy and Its Impact on Muslim Family Life: Experiences of Polygamous Perpetrators in Babat, Lamongan, Indonesia

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.

Polygamy in Muslim Countries: A Comparative Study in Tunisia, Saudi Arabia, and Indonesia

Proceedings of the 2nd Southeast Asian Academic Forum on Sustainable Development (SEA-AFSID 2018), 2021

This study intends to describe polygamous laws in Muslim countries such as Tunisia, Saudi Arabia, and Indonesia. In general, the provisions (legislation) relating to family law in modern Muslim countries are linked to polygamous rules, something that can be classified into three. Firstly, countries that completely prohibit the practice of polygamy such as Turkey and Tunisia. Secondly, countries that allow polygamy with relatively strict (complicated) conditions such as Pakistan, Egypt, Morocco, Indonesia and Malaysia. Thirdly, countries that more loosely handle polygamy, such as Saudi Arabia, Iran and Qatar. This research, used samples from three countries representing three approaches to law in response to polygamy: Tunisi, Indonesia, and Saudi Arabia. The results of this study were as follows; first, the Tunisian Family Law prohibits polygamy, the Indonesian Family Law allows polygamy under strict conditions, and the Saudi Family Law allows polygamy without strict restrictions. Secondly, majority of the citizens follow the laws applying in their country on polygamy. As a result, Tunisians are not polygamous and very few Indonesians practice it in while in Saudi Arabia, it is a common practice.

Polygamy: Uncovering the effect of patriarchal ideology on gender-biased interpretation

HTS Teologiese Studies / Theological Studies

Polygamy, which was practiced without limitations in the past, had been restricted to four wives after the arrival of Islam in the Arabian Peninsula. However, some scholars have different views on this issue, supposedly influenced by the literal and cultural background of patriarchal tradition on treating women as the object of polygamy. This article attempts to examine the construction of patriarchal interpretation in a gender-biased interpretation, its factors and its implications. This study adopts a qualitative approach and employs a content analysis approach. Interviews with relevant scholars are also used to explore in-depth information regarding this subject. The object of research is based on a full set (30 juz/chapters) of 11 books of tafsir written in Indonesia. These books are Tafsir Al-Furqan, Tafsir Quran, Adz-Dzikra: Terjemah dan Tafsir al-Quran, Al-Quran dan Terjemahnya, Tafsir Quran Karim, Tafsir al-Azhar, Tafsir Rahmat, Tafsir al-Quran al-Majid an-Nur, Tafsir al-Mis...

Polygamy and Muslim Women in Contemporary Indonesian Literature

Humaniora, 2018

This paper will examine the ways in which polygamy is addressed in contemporary Indonesian literature. The literature that will be analysed is that published after the reformation era, whereby new freedoms have encouraged many Muslim writers to raise this controversial issue. This paper will apply feminist theory especially that of the Muslim feminist Amina Wadud. Furthermore, in order to understand the contextuality of the works, a cultural materialist approach is also applied. There are some Indonesian writers who overtly depict polygamy in their literature, such as Habiburrahman El Shirazy and Alfina Dewi. Although they are all Muslims they have different perspectives in presenting the issue of polygamy in their works. These differences reflect Indonesian Islamic society where polygamy is controversial. Some Muslims accept polygamy as Islamic teaching but others do not.

The western Misconception on Islamic Polygamy: an assessment of Islamic Polygamy's Benefits from Islamic Perspective

Alshehab Journal, Algeria, 2022

Abstract : Marriage to more than one wife (Polygamy) is a practice as old as the history of man, and is allowed in Islamic Shariah law. This article aims to posit some benefits of polygamy to human in contemporary human race and detect some mis-understanding of western countries on polygamous nature of Islamic marriage and the failure they encounter in introducing new form of marriage based on their innovation (Same-sex relation). Finally, the research finds out that based on the establishment of new form of so called same-sex relation and transformed it into marital relationship have gotten contemporary human race into contracting diseases. The research also recommends that it is only through proper scholarly teaching of principle of marriage (polygamy) that problem of widow women and right of women can be protected.