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Problematika Poligami Di Indonesia Analisis Normatif dan Sosiologis dalam Hukum Keluarga Islam Fahrun Dama; fahrun21
HOKI : Journal of Islamic Family Law Vol. 3 No. 1 (2025): HOKI : Journal of Islamic Family Law
Publisher : Program Studi Hukum Keluarga Islam (HKI) dan bekerjasama dengan Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/hki.v3i1.2185

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.