Al-Manahij : Jurnal Kajian Hukum Islam
Vol. 19 No. 1 (2025)

Polygamy Legal Politics in Southeast Asian Muslim Countries: Legal Pluralism and Qur'anic Perspectives

Naqiyah (Unknown)
Triana, Nita (Unknown)
Zakaria, Gamal Abdul Nasir (Unknown)
Liddini, Laily (Unknown)



Article Info

Publish Date
26 May 2025

Abstract

Polygamy regulations are designed to protect the interests of Muslim families; however, ironically, in some Muslim countries, these regulations have been associated with triggering domestic violence. This study aims to examine the legal politics of polygamy in Southeast Asian Muslim countries: Indonesia, Malaysia, and Brunei Darussalam using a legal pluralism approach alongside Qur'anic perspective. The methodology employed is qualitative with a descriptive-interpretative approach. The findings indicate that these three countries regulate polygamy through two reforms: intra-doctrinal reforms that accommodate religious and cultural norms and extra-doctrinal reforms encompassing legal frameworks, judicial systems, and institutional structures. Three main factors influence these legal policies: religious understanding, local traditions, and political and social dynamics. As ūlū al-amri (authoritative leaders), the governments of these countries are committed to regulating polygamy to benefit families and children by integrating Islamic values, local traditions, and colonial legal influences. These regulations align with the Qur'anic message that permits polygamy under certain conditions and strict requirements, aiming to achieve marital goals of tranquility (sakīnah), affection (mawaddah), and compassion (raḥmah). However, stricter supervision and substantive legal reforms are necessary to reinforce these requirements and impose sanctions on violators.

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Journal Info

Abbrev

almanahij

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for a scholarly and professional discourse of Islamic laws. Al-Manahij covers ...