NALAR FIQH: Jurnal Hukum Islam
Vol. 11 No. 2 (2020): December 2020

Court Procedure as an Instrument of Maqasid: Religious Leaders' Views on Illegal Polygamy in Keningau, Sabah

Nur Amira Athira Binti Jamaluding (UIN Sulthan Thaha Saifuddin Jambi)
Ramlah (Unknown)
Muhammad Sibawaihi (Unknown)



Article Info

Publish Date
01 Dec 2020

Abstract

This study examines the views of religious leaders in Keningau, Sabah, on polygamy without the permission of the Sharia Court, which still occurs even though it has been expressly regulated in Section 23 of the Islamic Family Law Enactment 2004. With a qualitative juridical-empirical approach, data were collected through semistructured interviews with five figures (two ustaz and three religious employees), supplemented with observation and documentation, and then analyzed through reduction, presentation, and drawing conclusions within the framework of Maqasid al-Sharia and the theory of polygamy in fiqh. The five informants consistently viewed court permission as not just an administrative formality separate from the validity of fiqh, but as an instrument to protect four of the five purposes of sharia: descent, property, soul, and religion. A valid contract according to the classical principles and conditions still gives rise to mafsadah without court supervision: the first wife loses the space to voice her rights, the second wife is not protected in property and inheritance, and the child has difficulty obtaining birth certificates and formal education. The causative factors include the dominance of lust and fear of rejection by the court, exacerbated by economic paradoxes, normalization of local culture among the people of Dusun and Murut, and weak social control. The solutions offered are educational, legal, moral-religious, and social supervision approaches that must go hand in hand. In conclusion, procedural compliance in the interior of Sabah is part of the implementation of maqasid itself.

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