Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia)

One of the reasons for changing family law in the Islamic world is to enhance the rights of women, who often face discrimination. This change is connected to its historical background and the madhhab (interpretation) embraced by the governing body. Egypt first made adjustments to family law with Law No. 25 in 1920 and again in 1929. A key aspect that was modified in both nations was polygamy. In Indonesia, the initial adjustment to family law occurred with the Marriage Law of 1974, which was backed by the KHI. While both nations permit polygamy, it is governed by specific criteria that a husband must fulfill to engage in this practice. The objective of this research is to examine the reforms of Islamic family law in Egypt and Indonesia concerning the enhancement of women's rights, especially in relation to polygamy, and to assess how these reforms have influenced the status of women in society. This analysis employs a normative legal research methodology, utilizing a framework that combines Islamic law with positive law evaluation. Data for this research was collected through literature reviews and an examination of Islamic family law documents from Egypt and Indonesia. Findings from the study indicate that reforms in Islamic family law in both Egypt and Indonesia have resulted in meaningful advancements in supporting women's rights. In Egypt, legislation that has made polygamy requirements stricter and granted wives the privilege to initiate divorce has improved the safeguarding of women's rights. In Indonesia, the Marriage Law affecting polygamy has similarly empowered wives with the ability to seek divorce and has tightened the criteria for polygamy. Nevertheless, this research also identifies that the enforcement of these laws remains inadequate, and a significant barrier continues to be the lack of public understanding regarding women’s rights.

Authors

Publication Details

Journal
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Published
2025-09-23
DOI
https://doi.org/10.15575/as.v6i2.46163
Primary Topic
Gender and Women's Rights
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia)

Aulil Amri, Anesia Syafitri, Albirra Trisna, Qanita et al.
Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan Islam
Gender and Women's Rights
article

Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia)

Aulil Amri, Anesia Syafitri, Albirra Trisna, Qanita, Said Fahri
article en

Abstract

One of the reasons for changing family law in the Islamic world is to enhance the rights of women, who often face discrimination. This change is connected to its historical background and the madhhab (interpretation) embraced by the governing body. Egypt first made adjustments to family law with Law No. 25 in 1920 and again in 1929. A key aspect that was modified in both nations was polygamy. In Indonesia, the initial adjustment to family law occurred with the Marriage Law of 1974, which was backed by the KHI. While both nations permit polygamy, it is governed by specific criteria that a husband must fulfill to engage in this practice. The objective of this research is to examine the reforms of Islamic family law in Egypt and Indonesia concerning the enhancement of women's rights, especially in relation to polygamy, and to assess how these reforms have influenced the status of women in society. This analysis employs a normative legal research methodology, utilizing a framework that combines Islamic law with positive law evaluation. Data for this research was collected through literature reviews and an examination of Islamic family law documents from Egypt and Indonesia. Findings from the study indicate that reforms in Islamic family law in both Egypt and Indonesia have resulted in meaningful advancements in supporting women's rights. In Egypt, legislation that has made polygamy requirements stricter and granted wives the privilege to initiate divorce has improved the safeguarding of women's rights. In Indonesia, the Marriage Law affecting polygamy has similarly empowered wives with the ability to seek divorce and has tightened the criteria for polygamy. Nevertheless, this research also identifies that the enforcement of these laws remains inadequate, and a significant barrier continues to be the lack of public understanding regarding women’s rights.

Al-Ahwal Al-Syakhsiyyah Jurnal Hukum Keluarga dan Peradilan IslamVol. 6(2)
Openalex Percentile: Top 68%
Gender and Women's Rights
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.