Dahzain Nur
Vol 16 No 1 (2026): Dahzain Nur

Poligami dalam Cengkeraman Regulasi: Dekonstruksi Relasi Fiqh dan Hukum Negara

Muhammad Adam (Universitas Islam DDI A.G.H. Abdurrahman Ambo Dalle Polman)
Bulkis Bulkis (Universitas Islam DDI A.G.H. Abdurrahman Ambo Dalle Polman)
Hasnawati Hasnawati (Universitas Islam DDI A.G.H. Abdurrahman Ambo Dalle Polman)
Riswan Riswan (Universitas Islam DDI A.G.H. Abdurrahman Ambo Dalle Polman)



Article Info

Publish Date
09 Aug 2026

Abstract

This study examines the restriction of polygamy within Indonesian state law and deconstructs the relationship between fiqh and state law in the regulation of polygamy. The research problem arises from the fact that polygamy remains conditionally permitted in the national legal system while simultaneously generating legal disputes, uncertain marital status, and heightened vulnerability for women and children. This study employs normative legal research using statutory, conceptual, and case approaches, supported by a qualitative-critical analysis of legislation, court decisions, official statistical data, and relevant academic literature. The findings reveal that state law does not absolutely prohibit polygamy; instead, it transforms polygamy into a legally controlled practice subject to judicial authorization, evidentiary requirements, and administrative supervision. Nevertheless, such restrictions have not fully resolved its substantive problems, as polygamy continues to appear as a factor in divorce cases and remains a recurring category in religious court litigation. Furthermore, the relationship between fiqh and state law is not merely harmonious, but reflects an ongoing contestation of authority between religious legitimacy and state legality. The study concludes that the central issue of polygamy in Indonesia no longer lies in whether polygamy is permissible, but in how state law, fiqh, and substantive justice are negotiated within the contemporary Islamic family law system.

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Journal Info

Abbrev

DahzainNur

Publisher

Subject

Religion Education Social Sciences

Description

Dahzain Nur: Jurnal Pendidikan, Keislaman dan Kemasyarakatan (translated in English DAHZAIN NUR: Journal of Education, Islam and Society) (ISSN Print: 2338-6320 ISSN Online: 2809-333X) is an national journal published by STAI YAPIS Takalar, Indonesia. The journal pursues the academic exploration on ...