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All Journal Jurnal Kajian Hukum dan Sosial Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Zuliza Mohd Kusrin
Universiti Kebangsaan Malaysia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Social Justice and Humanity on Polygamous Marriage at the Religious Court of Pasuruan, Indonesia Mukhammad Nur Hadi; Faridatus Suhadak; Zuliza Mohd Kusrin
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.7324

Abstract

Polygamy can be granted if it meets one of the alternative conditions and the absolute cumulative condition. However, sometimes alternative terms are used as wrappers for other reasons to look ridiculous, such as humanity. This paper examines three polygamy rulings at the Pasuruan Religious Court in 2019 using the three Indonesia Women Ulama Congress (KUPI) fatwa approaches ma’ruf, mubadalah, and ultimate justice. The article finds that the reason for public justice is used to wrap up humanitarian reasons. In the ma’ruf approach, the standard of public justice as the basis for judges' consideration needs to be more precise because it does not refer to the global public experience. These standards are not in harmony with the decent logic of women in general. The Mubadalah approach ensures a balanced interpretation and interplay of public justice and humanity. The judge’s reasoning for considering standards of public justice and humanity based on patriarchal paradigms deserves to be criticized. The ultimate justice approach illustrates that the judge's reasoning is not based on women's biological, sociological, and anthropological life experiences in the case of polygamy. Using justice and justifying humanitarian reasons in some polygamy rulings in the Pasuruan Religious Court does not yet have a solid basic legal paradigm
Revisiting Polygamous Marriage Laws in Malaysia: Addressing Enforcement Gaps and Contemporary Challenges in Islamic Family Law Zuliza Mohd Kusrin; Aishah Mohd Nor; Shadli Sabarudin; Ruzita Ramli
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.8651

Abstract

This article examines the legal framework governing polygamous marriages in Malaysia, focusing on Section 23 of the Islamic Family Law (Federal Territories) Act 1984, which requires men to obtain prior Sharia Court consent before contracting additional marriages. Despite this requirement, the prevalence of polygamous marriages solemnised without court approval underscores significant enforcement weaknesses. Legal loopholes allow such marriages to be legitimised and registered post-facto, provided they comply with Hukum Syarak and the associated matrimonial offence is resolved through prescribed penalties. Employing doctrinal legal analysis alongside an examination of unreported Sharia Court files, the findings reveal inconsistencies in judicial discretion when sentencing offenders, highlighting gaps that undermine the regulatory objectives of polygamy laws and erode public confidence in the Sharia legal system. Within the maqāṣid al-sharīʿah framework, the research demonstrates that circumventing procedural safeguards compromises the objectives of Islamic law, particularly the protection of lineage (ḥifẓ al-nasl), the welfare of spouses and children, and overall family harmony. Women and children in unregulated marriages face legal insecurity, inequitable treatment, and restricted access to maintenance and inheritance rights. The study concludes that comprehensive reforms are necessary to strengthen enforcement, close regulatory gaps, and harmonise administrative compliance with religious validity. This study contributes to the academic discourse by offering recommendations that include enhancing penalties, standardising judicial discretion, raising public awareness and education about the legal implications of unregistered polygamous marriages to women and children, and integrating maqāṣid principles to prioritise justice, equity, and family welfare. By addressing both legal and ethical dimensions, these reforms aim to safeguard the rights of all parties in polygamous marriages and enhance public confidence in Malaysia's Sharia legal system
Co-Authors Aishah Mohd Nor Faridatus Suhadak Mukhammad Nur Hadi Ruzita Ramli Shadli Sabarudin