Syakhshiyyah Jurnal Hukum Keluarga Islam
Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam

Tinjauan Yuridis terhadap Implementasi Nafkah dan Kebijakan Poligami dalam Hukum Keluarga Islam: Studi Perbandingan Indonesia dan Thailand

Nafiah Wachidlatul Jannah (Unknown)
Tubagus Farhan Maulana (Unknown)
Muhammad Ilham Barizi (Unknown)



Article Info

Publish Date
13 Jul 2025

Abstract

This study provides a juridical analysis of financial support obligations and polygamy policies in Indonesia and Thailand. In Islamic law, providing financial support (nafkah) is a fundamental obligation of the husband toward his wife and children, as prescribed in the Qur’an and Hadith. While both countries recognize Islamic legal principles, they apply distinct legal frameworks in implementing rules on financial support and regulating polygamy. In Indonesia, marriage is governed by Law No. 1 of 1974 and the Compilation of Islamic Law, which imposes strict limitations on polygamy and clearly defines household financial responsibilities. In contrast, Muslim communities in southern Thailand have legal autonomy to apply Islamic family law, including provisions on marriage and financial obligations. This study adopts a normative juridical method and a comparative legal approach to assess the effectiveness of each legal system and its impact on women's rights within marriage. The findings reveal that, despite shared Islamic foundations, significant differences exist in the mechanisms for resolving disputes concerning financial support and polygamy. These differences are primarily shaped by the respective national legal structures and state-religion relations in each country.

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Journal Info

Abbrev

syakhsiyah

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Syakhshiyyah Jurnal Hukum Keluarga Islam is a scientific, peer-reviewed and open access interdisciplinary journal published twice a year (June and December). This journal is the result of a collaboration between Institut Agama Islam Negeri (IAIN) Metro Lampung and the Association of Indonesian ...