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All Journal Anthroposia: Journal of Social and Human Development Sapientia Diversalis: Journal of Human Interaction and Social Studies
Ainun Yasminnatul Mu’minah
Universitas Islam Negeri Walisongo

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Siri Polygamy from the Perspective of Islamic Law Versus State Law: A Study of Sociology and Legal Pluralism Ainun Yasminnatul Mu’minah
Anthroposia: Journal of Social and Human Development Vol. 1 No. 2 (2026): June: Anthroposia: Journal of Social and Human Development
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/h5053x89

Abstract

This study examines siri polygamy in Indonesia through the analytical lens of sociology and legal pluralism by exploring the interaction between Islamic law and state law in the construction of marital legitimacy and dispute resolution. The research employs a non empirical legal method based on normative legal analysis and a socio legal approach. Data were derived from constitutional provisions, marriage legislation, the Compilation of Islamic Law, judicial decisions, and relevant academic literature. The findings indicate that siri polygamy operates within a field of competing normative authorities where religious validity may coexist with limited state recognition. This condition generates legal uncertainty concerning marital status, child protection, inheritance rights, and access to justice. Judicial practice demonstrates a tendency to accommodate social realities through legalization mechanisms rather than relying exclusively on criminal sanctions. The study further reveals that women and children remain the most vulnerable parties within unregistered polygamous relationships. From a criminal law policy perspective, effective regulation requires a balanced approach that integrates legal certainty, substantive justice, and social legitimacy. The research argues that harmonization between Islamic family law and national law is essential for strengthening rights protection and improving the coherence of Indonesia’s plural legal system.
Criminalization in Cases of Unregistered Marriages and Its Impact on the Protection of Women’s Rights Ainun Yasminnatul Mu’minah
Journal of Human Interaction and Social Studies Vol. 1 No. 2 (2026): : May: Sapientia Diversalis: Journal of Human Interaction and Social Studies
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/4k6p6q66

Abstract

The practice of unregistered polygamous marriages remains a persistent phenomenon in Indonesia despite the existence of legal provisions regulating the requirements and procedures for polygamy. Such marriages are commonly conducted without official registration and judicial authorization, creating legal uncertainty and potentially undermining the rights of women and children. This study aims to analyze the legal and sociological dynamics of unregistered polygamous marriages and examine the urgency of criminalization as a mechanism for protecting women’s rights. The research employs a normative legal method using statutory and conceptual approaches. Legal materials were obtained through library research, including legislation, legal literature, and relevant scholarly studies. The analysis was conducted qualitatively using Progressive Legal Theory and Utilitarian Theory as analytical frameworks. The findings indicate that unregistered polygamous marriages persist due to interpretations that prioritize the fulfillment of classical Islamic legal requirements while disregarding marriage registration obligations under national law. Marriage registration serves as a crucial instrument for ensuring legal certainty and protecting women’s rights. Criminalization is not intended to prohibit polygamy permitted under Islamic law but to prevent injustice, family neglect, and violations of women’s rights while promoting substantive justice and broader social welfare.
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