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All Journal AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab AS-SÂIS (JURNAL HUKUM TATA NEGARA ISLAM/SIYASAH)
Agus Salim
Universitas Islam Negeri Sumatera Utara
Education Law, Crime, Criminology & Criminal Justice

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MODELS OF POLYGAMY REGULATION AROUND THE WORLD: A COMPARATIVE LEGAL ANALYSIS AND ITS IMPLICATIONS FOR WOMEN’S RIGHTS Agus Salim; Sukiati Sukiati; Iwan Iwan
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 1 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

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Abstract

Polygamy is one of the most controversial issues in Islamic family law, continuously debated from both normative and comparative perspectives. This study aims to analyze the legal regulation of polygamy from a comparative law perspective, covering both Muslim-majority countries and those that have undergone significant family law reform. The method employed is normative legal research using a comparative approach and a conceptual approach. Data sources consist of primary, secondary, and tertiary legal materials analyzed through qualitative-descriptive analysis. The findings indicate three models of polygamy regulation in the Muslim world: first, countries that absolutely prohibit polygamy (such as Tunisia and Turkey); second, countries that permit polygamy under strict conditions through judicial oversight (such as Indonesia and Morocco); and third, countries that permit polygamy with minimal conditions based on classical fiqh (such as Saudi Arabia and Malaysia). These regulatory differences are influenced by historical, political, socio-cultural factors, and local scholarly ijtihad. In conclusion, comparative law demonstrates that there is no single universal model for regulating polygamy in Islam, and each country retains its own authority to interpret and implement Islamic law in accordance with its local context.Keyword: Polygamy; Comparative Law; Islamic Family Law; Law Reform; Marriage.
IDDAH AND IHDAD: LEGAL RATIONALITY AND MODERN CHALLENGES Agus Salim; Muhammad Amar Adly
AS-SAIS (JURNAL HUKUM TATA NEGARA/SIYASAH) Vol 10, No 2 (2026): AS-SAIS : Jurnal Hukum Tata Negara / Siyasah
Publisher : Hukum tata Negara/Siyasah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/as-sais.v11i2.30066

Abstract

This study departs from an academic disquiet regarding the tension between the rigidity of classical fiqh texts on iddah and ihdad on one hand, and the complexity of modern Muslim women's lives on the other. Employing a hermeneutical approach and maqasid al-shari'ah analysis, this article revisits the epistemological foundations of iddah and ihdad not to abolish them, but to reveal that they contain an adaptive legal rationality. This qualitative-normative research draws on primary data from cross-madhhab fiqh texts and secondary data from contemporary scholarly studies. Principal findings: first, inter-madhhab differences in determining iddah periods demonstrate fiqh's inherent flexibility; second, ihdad is not merely a mourning symbol but a psychosocial protection mechanism amenable to contextual reinterpretation; and third, professional women observing ihdad may accommodate their professional obligations within the framework of al-maslahah al-mursalah without departing from its shar'i substance. Keyword: Iddah, Ihdad, Schools of Islamic Law, Professional Women, Maqasid al-Shari'ah 
Co-Authors Iwan Iwan Muhammad Amar Adly Sukiati Sukiati