Polygamy in Islamic Family Law in Indonesia (Comparative Study on Law Number 1 of 1974 and the Compilation of Islamic Law)

DOI

10.2991/978-2-494069-81-7_12How to use a DOI?

Keywords

Polygamy; Islamic Family Law; Marriage

Abstract

The discourse on polygamy in Indonesia is an interesting thing to study. She has received support on the one hand, because it is legitimized by the Qur’an, and on the other hand she is criticized because it is considered detrimental to women. Based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law, the Indonesian government has determined to adhere to the principle of monogamy in terms of marriage arrangements. However, the Indonesian government does not close the faucet on polygamy for its citizens who want to have more than one wife. This study aims to photograph and compare the policies of the Indonesian government and Islamic law in terms of marriage, especially regarding the reasons, conditions, and procedures for polygamy. The research method used in this study is Literature Review. The findings in this study indicate that the Government of Indonesia has set three conditions for allowing polygamy. One main condition, namely the husband must be able to act fairly. And, are two additional conditions, namely the wife’s consent and the certainty that the husband can guarantee the necessities of life for his wife and their children. The government requires the husband’s justice in general and does not specify it. Meanwhile, Islamic law only requires two conditions for polygamy: first, the husband can act fairly in material matters such as, and second, can provide for his wife. If these two conditions are not met, then Islamic law still considers polygamy is still valid, even though the perpetrator is considered sinful. Meanwhile, the government of the Republic of Indonesia views polygamy that does not meet the reasons and requirements as “wild polygamy” which has legal force.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Desti Widiani
AU  - Dwiky Bagas Setyawan
PY  - 2022
DA  - 2022/12/22
TI  - Polygamy in Islamic Family Law in Indonesia (Comparative Study on Law Number 1 of 1974 and the Compilation of Islamic Law)
BT  - Proceedings of the 1st International Seminar on Sharia, Law and Muslim Society (ISSLAMS 2022)
PB  - Atlantis Press
SP  - 98
EP  - 107
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-81-7_12
DO  - 10.2991/978-2-494069-81-7_12
ID  - Widiani2022
ER  -