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All Journal Makkah: Journal Of Islamic Studies Wasīlah: Journal Of Sharia Sciences
Fauzul Kabir
UIN Sunan Kalijaga
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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POLIGAMI SEBAGAI RUKHSAH: ANALISIS KEADILAN DAN RELEVANSINYA DALAM FILSAFAT HUKUM ISLAM Fauzul Kabir; Niken Retno Wulandari
Makkah: Journal Of Islamic Studies Vol. 1 No. 4 (2025): Desember
Publisher : Makkah: Journal Of Islamic Studies

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Abstract

: In Islamic law, polygamy is not an absolute obligation or recommendation, but rather a dispensation (rukhsah) that is strictly regulated, with the primary condition being the ability to act justly. This article discusses polygamy from the perspective of Islamic legal philosophy by examining its normative basis in the Qur'an, specifically QS. An-Nisa: 3, which permits polygamy with up to four wives, emphasizing justice. The context of the revelation of this verse relates to the protection of the rights of orphans and widows after war. Analysis shows that although permitted, polygamy in practice often struggles to fulfill the essential condition of true justice, as affirmed in QS. An-Nisa: 129. The ruling on polygamy is conditional and must align with Maqāṣid al-Sharī'ah, which are to preserve the interests of religion, life, intellect, lineage, and property. In a contemporary context, polygamy tends to produce negative effects such as family conflict and injustice if not practiced with full responsibility. Therefore, polygamy should be understood as a limited option that may only be implemented when it truly fulfills the principles of justice and benefit.  
NIKAH MISYAR ANTARA KEMASLAHATAN DAN KEMUDARATAN: TINJAUAN MAQĀṢID AL-SYARĪ‘AH Fauzul Kabir; Niken Retno Wulandari
Wasīlah: Journal Of Sharia Sciences Vol. 2 No. 1 (2026): Februari
Publisher : Wasīlah: Journal Of Sharia Sciences

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Misyar marriage is a contemporary phenomenon in Islamic family law that continues to generate scholarly debate due to its divergence from conventional marital arrangements, particularly in relation to the fulfillment of spousal rights and obligations. This article analyzes misyar marriage through the lens of Islamic legal philosophy by examining the interaction between normative legal validity, ethical considerations, and the objectives of Islamic law (maqāṣid al-sharīʿah). The study adopts a normative-theological legal method based on library research and employs a descriptive-analytical approach to assess classical and contemporary legal opinions. The findings indicate that misyar marriage is normatively valid because it fulfills the essential pillars and legal requirements of marriage as recognized in Islamic jurisprudence. Nevertheless, when evaluated from the maqāṣid perspective, misyar marriage presents an ambivalent position between potential benefit (maṣlaḥah) and harm (mafsadah). Consequently, this form of marriage should not be widely promoted and may only be justified under conditions of necessity, accompanied by strict moral responsibility and legal supervision to safeguard the fundamental objectives of Islamic family law.
Co-Authors Niken Retno Wulandari Niken Retno Wulandari