Menggali Konsep Keadilan Dalam Poligami: Studi Terhadap Nilai Moral Dalam Masyarakat Muslim

Law No. 1 of 1974 stipulates that the primary principle of marriage in Indonesia is monogamy, while polygamy is permitted only in specific situations and under very strict conditions. In the Compilation of Islamic Law, provisions regarding polygamy are regulated in Articles 55 and 56, which state that polygamy is only allowed under particular circumstances and must fulfill several predetermined requirements. Although legal regulations governing polygamy exist, its practice continues to raise various issues for certain groups. This study employs a normative juridical approach, utilizing secondary data obtained through literature studies. The research specification is descriptive-analytical, describing the applicable legislation, linking it to legal theories, and comparing it with its practical implementation. The findings show that polygamy in Islam is only permitted as a solution in emergency situations, not as a choice without a clear reason. This allowance aims to protect marginalized women or children in need of care. Polygamy must be carried out responsibly, based on humanitarian objectives, and requires the husband's ability to act fairly and wisely, not merely driven by personal desires.

Authors

Publication Details

Journal
Jurnal el-Qanuniy Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Published
2024-12-24
DOI
https://doi.org/10.24952/el-qanuniy.v10i2.13795
Primary Topic
Marriage and Family Dynamics
Type
article
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article

Menggali Konsep Keadilan Dalam Poligami: Studi Terhadap Nilai Moral Dalam Masyarakat Muslim

Fitriyani Fitriyani, Ahmad Fuadi, Devi Anggreni
Jurnal el-Qanuniy Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Marriage and Family Dynamics
article

Menggali Konsep Keadilan Dalam Poligami: Studi Terhadap Nilai Moral Dalam Masyarakat Muslim

Fitriyani Fitriyani, Ahmad Fuadi, Devi Anggreni
article en

Abstract

Law No. 1 of 1974 stipulates that the primary principle of marriage in Indonesia is monogamy, while polygamy is permitted only in specific situations and under very strict conditions. In the Compilation of Islamic Law, provisions regarding polygamy are regulated in Articles 55 and 56, which state that polygamy is only allowed under particular circumstances and must fulfill several predetermined requirements. Although legal regulations governing polygamy exist, its practice continues to raise various issues for certain groups. This study employs a normative juridical approach, utilizing secondary data obtained through literature studies. The research specification is descriptive-analytical, describing the applicable legislation, linking it to legal theories, and comparing it with its practical implementation. The findings show that polygamy in Islam is only permitted as a solution in emergency situations, not as a choice without a clear reason. This allowance aims to protect marginalized women or children in need of care. Polygamy must be carried out responsibly, based on humanitarian objectives, and requires the husband's ability to act fairly and wisely, not merely driven by personal desires.

Jurnal el-Qanuniy Jurnal Ilmu-Ilmu Kesyariahan dan Pranata SosialVol. 10(2)
Openalex Percentile: Top 53%
Marriage and Family Dynamics
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Menggali Konsep Keadilan Dalam Poligami: Studi Terhadap Nilai Moral Dalam Masyarakat Muslim — Fitriyani Fitriyani, Ahmad Fuadi, et al. · Jurnal el-Qanuniy Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial (2024) | TGRS Research Map | TGRS