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All Journal Indonesian Journal of Humanities and Social Sciences
Sulton Ariwibowo
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Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Considering the Legality and Legitimacy of Polygamy Without the First Wife's Permission: A Critique of Islamic Legal Epistemology by Mohammed Arkoun Sulton Ariwibowo; Moh. Asror Yusuf; Moh. Safi'i Anam
JOM Vol 6 No 4 (2025): Indonesian Journal of Humanities and Social Sciences , December
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v6i4.8703

Abstract

This article examines the legality and legitimacy of polygamy without the first wife's permission in contemporary Islamic family law through Mohammed Arkoun's critique of Islamic legal epistemology. Normatively, Indonesian positive law requires the first wife's consent and court approval as prerequisites for polygamy, yet in social practice polygamy is still frequently conducted outside these legal requirements. This tension reveals not merely a problem of legal compliance, but a deeper epistemological conflict between state law, ethical justice, and the sacralized authority of classical fiqh. Using a normative-theoretical method with an epistemological analysis of positive law, classical jurisprudence, and contemporary Islamic legal thought, this article argues that polygamy without the first wife's permission operates as a form of l'impensé (the unthinkable) within dominant Islamic legal reasoning. The article’s main theoretical contribution lies in reframing polygamy not as a doctrinal-legal exception, but as an epistemological problem rooted in the sacralization of fiqh and the exclusion of ethical and social experience from legal reasoning. By applying Arkoun’s critique of Islamic reason, this study proposes an epistemological reconstruction of Islamic family law that shifts the debate from textual permissibility toward ethical accountability and substantive justice.
Realitas Sosial dalam Perspektif Pemikiran Islam: Kritik atas Teori Konflik, Pertukaran, dan Fenomenologi menuju Konstruksi Teori Sosial Islam Sulton Ariwibowo; Nur Ahid; Moh. Safi'il Anam; Mohammad Muksi
JOM Vol 7 No 1 (2026): Indonesian Journal of Humanities and Social Sciences , March
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v7i1.8704

Abstract

This article examines social reality through the lens of Islamic thought by critically engaging with three influential Western social theories: conflict theory, social exchange theory, and phenomenology. While these theories offer important insights into social structures, individual behavior, and subjective experience, they are grounded in epistemological assumptions that differ fundamentally from Islamic perspectives. Using a qualitative and conceptual approach, this study analyzes how Islamic thought critiques, complements, and repositions these theories within a normative–transcendental framework. The analysis shows that Islamic thought shares common concerns with conflict theory regarding social injustice and oppression, yet rejects its materialistic and conflict-centered view of social change. Similarly, social exchange theory is considered limited in its reduction of social relations to rational cost–benefit calculations, overlooking moral intention and spiritual motivation emphasized in Islam. Phenomenology, meanwhile, is acknowledged as a useful methodological approach for understanding lived experience and religious consciousness, but is epistemologically constrained by its suspension of metaphysical truth. This study argues that Islamic thought offers an integrative framework that balances structure, agency, and meaning, while grounding social analysis in ethical values and divine revelation. By positioning Islamic thought as a critical epistemological perspective rather than a mere object of analysis, this article contributes to the development of non-Western and value-based approaches in contemporary social theory.
Co-Authors Moh. Asror Yusuf Moh. Safi'i Anam Moh. Safi'il Anam Mohammad Muksi Nur Ahid