Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Vol 10, No 2 (2024)

POLEMIK KEABSAHAN POLIGAMI: PERBANDINGAN HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA

Husain Hasibuan, Badai (Unknown)
Asrona Warni Daulay, Dinda (Unknown)



Article Info

Publish Date
27 Dec 2024

Abstract

This study aims to compare the two legal systems that govern marriage in Indonesia and Malaysia. Indonesia uses Law Number 1 of 1974 concerning Marriage, while Malaysia implements the Federal Territory Islamic Family Law Act 1984. This study uses a qualitative method with a descriptive-analytical approach. A normative approach is applied in this study, focusing on the analysis of laws and regulations as a research object and primary data source. This study examines the polemic of determining the validity of polygamy based on differences in regulations between the two countries. The results of the study show that Indonesia and Malaysia have similarities in the principle of marriage, namely the principle of monogamy. Polygamy is allowed if the husband meets the conditions set out in the regulations of each country and obtains permission from the Religious Court (Indonesia) or Sharia Court (Malaysia). In addition, both countries place the permission of the first wife as the main prerequisite for filing a polygamy application. In Indonesia, the husband must apply for polygamy to the Religious Court which is then examined by a judge before being granted. In contrast, in Malaysia, a polygamy application in the Sharia Court begins with a request from the husband, which is then followed by the consent of the first wife. These findings strengthen the understanding of the similarities and differences in the application of Islamic family law in Indonesia and Malaysia, especially in the context of polygamy.

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Journal Info

Abbrev

almaqasid

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Al-Maqasid Journal is a journal of sharia and civil science, Jurnal Al-Maqasid: Journal of Sharia and Civil Sciences is a journal dedicated to publishing quality articles and research results in the field of sharia and civil science. This journal publishes various articles that are up-to-date ...