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All Journal Nuris Journal of Education and Islamic Studies Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman
Susi Kusmawaningsih
Universitas Islam Nusantara Al-Azhaar Lubuklinggau
Religion Education

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Unregistered Polygamy Among Public Figures: A Socio-Legal Analysis of Marital Consent and Islamic Family Law in Indonesia Chairul Musthopa; Susi Kusmawaningsih; Destri Natalia
Nuris Journal of Education and Islamic Studies Vol. 6 No. 1: January - June 2026
Publisher : Institut Nurul Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52620/jeis.v6i1.249

Abstract

The issue of unregistered polygamous marriage without the consent of the first wife continues to generate debate within the discourse of Islamic family law in Indonesia, particularly when such practices involve public figures whose personal actions attract broad public attention. This study aims to analyze the legal status and socio-legal implications of unregistered polygamous marriages conducted without the consent of the first wife within the framework of Indonesian Islamic family law. The research employs a qualitative approach using a socio-legal method that combines doctrinal analysis of legal regulations with an examination of social dynamics surrounding the practice of marriage. The study focuses on the interaction between Islamic jurisprudential principles, national marriage legislation, and public discourse, with particular reference to the public controversy involving Inara Rusli and Insanul Fahmi. The findings show that Indonesian marriage law, particularly Law No. 1 of 1974 and the Compilation of Islamic Law, establishes a regulatory framework that permits polygamy under strict conditions, including judicial approval, financial capability, and the consent of the first wife. However, the practice of unregistered marriage allows individuals to bypass these legal requirements, creating a gap between religious legitimacy and legal recognition. When such practices involve public figures, the issue often evolves into a broader public debate concerning the relationship between religious norms, state legal authority, and social perceptions of marriage. The study concludes that strengthening legal awareness and ensuring compliance with marriage registration procedures are essential for protecting family rights and maintaining legal certainty within Indonesian Islamic family law
Legal Implications of the Sale of Inherited Land Without the Consent of All Heirs from the Perspective of Islamic Law and Positive Law Ayu Permata Sukma; Artiyanto Artiyanto; Susi Kusmawaningsih; Dicky Andrian
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 15 No. 2 (2026): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v15i2.3162

Abstract

The research examines the legal implications of the sale of inherited land conducted without the consent of all heirs, viewed from the perspectives of Islamic law and positive law in Indonesia. The issue arises from the frequent occurrence of unilateral transactions over jointly owned inheritance property, which often leads to disputes due to a lack of legal awareness and improper understanding of the status of undivided inheritance. This research is positioned as a normative-empirical legal study, aiming to analyze both legal norms and their implementation in society. The discussion is carried out through a comparative approach between Islamic law, which emphasizes principles of justice, maslahah, and mutual consent (ridha), and positive law, particularly the Civil Code and agrarian regulations, which require agreement among co-owners for valid legal transactions. The findings indicate that, under Islamic law, such transactions are considered fasid (defective) and potentially invalid due to the absence of full authority and consent, while under positive law, they may be declared null and void or voidable, and can give rise to civil liability, including compensation claims. Both legal systems fundamentally uphold the principle of joint ownership and the necessity of collective approval, thereby highlighting the importance of legal certainty and protection for all heirs. This study also underscores the need for greater legal awareness and stricter supervision in land transactions involving inherited property
Co-Authors Artiyanto Artiyanto Ayu Permata Sukma Chairul Musthopa Destri Natalia Dicky Andrian