Problematika Poligami Di Indonesia Analisis Normatif dan Sosiologis dalam Hukum Keluarga Islam

Polygamy is a practice permitted under Islamic law with strict conditions, but its implementation in Indonesia often sparks debate both normatively and sociologically. Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) have imposed more restrictive regulations on the practice of polygamy to ensure the protection of women's and children's rights. This article aims to analyze the issues surrounding polygamy in Indonesia through a normative approach to Islamic legal texts and regulations, as well as a sociological approach to the evolving social reality. The findings of the study indicate that the practice of polygamy is often The study findings indicate that the practice of polygamy is often influenced by economic, social, and cultural factors, while religious courts serve as a legal filter to ensure the fulfillment of the principle of justice. This analysis emphasizes the importance of reinterpreting the maqāṣid al-syarī‘ah in the practice of polygamy to remain relevant to the values of justice, gender equality, and the protection of human rights.

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Publication Details

Journal
HOKI Journal of Islamic Family Law
Published
2025-08-27
DOI
https://doi.org/10.55352/hki.v3i1.2185
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Problematika Poligami Di Indonesia Analisis Normatif dan Sosiologis dalam Hukum Keluarga Islam

Fahrun Dama
HOKI Journal of Islamic Family Law
Marriage and Family Dynamics
article

Problematika Poligami Di Indonesia Analisis Normatif dan Sosiologis dalam Hukum Keluarga Islam

Fahrun Dama
article en

Abstract

Polygamy is a practice permitted under Islamic law with strict conditions, but its implementation in Indonesia often sparks debate both normatively and sociologically. Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) have imposed more restrictive regulations on the practice of polygamy to ensure the protection of women's and children's rights. This article aims to analyze the issues surrounding polygamy in Indonesia through a normative approach to Islamic legal texts and regulations, as well as a sociological approach to the evolving social reality. The findings of the study indicate that the practice of polygamy is often The study findings indicate that the practice of polygamy is often influenced by economic, social, and cultural factors, while religious courts serve as a legal filter to ensure the fulfillment of the principle of justice. This analysis emphasizes the importance of reinterpreting the maqāṣid al-syarī‘ah in the practice of polygamy to remain relevant to the values of justice, gender equality, and the protection of human rights.

HOKI Journal of Islamic Family LawVol. 3(1)
Universitas Islam Lamongan (ID)
Openalex Percentile: Top 69%
Marriage and Family Dynamics
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