USRAH: Jurnal Hukum Keluarga Islam
Vol. 6 No. 3 (2025): July

POLIGAMI DAN KEADILAN DALAM PERSPEKTIF HUKUM POSITIF: TINJAUAN LITERATUR TERHADAP PRAKTIK DI SUKU SASAK LOMBOK NTB

Kabir, Fauzul (Unknown)



Article Info

Publish Date
15 Jul 2025

Abstract

This study discusses the practice of polygamy and justice as its main requirement, as well as how positive law in Indonesia perceives polygamy through the lens of legal validity theory. Polygamy is a complex issue as it touches upon religious, social, and legal aspects, and often sparks controversy in modern society. In Islam, polygamy is permitted under strict conditions such as justice and financial capability, which are accommodated in Law Number 1 of 1974 and the Compilation of Islamic Law. This research employs a qualitative-descriptive method based on literature study to examine the legal validity of polygamy from both normative and sociological perspectives. The findings reveal that polygamy regulations in Indonesia are legally valid; however, their enforcement is highly influenced by public acceptance and practical effectiveness. Therefore, regulations on polygamy must be continuously evaluated to remain relevant and responsive to social developments, while also upholding the values of justice within family life.  

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...