<![CDATA[This study aims to analyse the understanding of kiai in West Java regarding the practice of polygamy from the perspective of Islamic law and Indonesian positive law, as well as to identify the factors influencing this practice amidst the implementation of Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. This study employs a qualitative approach using empirical legal research methods. Primary data were obtained through in-depth interviews with kiai practising polygamy in several regencies in West Java, whilst secondary data were sourced from legislation, Islamic legal literature and supporting documents. Data analysis was conducted using a descriptive-analytical method through data reduction, data presentation and drawing of conclusions. The research shows that kiai’s understanding of polygamy is dominated by the perspective of Islamic law rather than Indonesian positive law. The Qur’an, hadith and principles of fiqh form the primary basis for the legitimacy of the practice of polygamy, whilst state legal provisions are viewed as administrative regulations. This study identifies two typologies of understanding: the normative-humanistic model and the normative-theological model. The practice of polygamy is influenced by religious factors, social responsibility, biological needs, domestic harmony, and social status as religious figures. This study is limited to informants who are kiai practising polygamy in several regions of West Java; consequently, the results cannot yet be generalised to the whole of Indonesia. The research findings have implications for strengthening literacy in Islamic family law and for harmonising Islamic law with positive law in the regulation of polygamy. This study offers a conceptual model regarding the typology of kiai’s understanding of polygamy, which demonstrates the interaction between Islamic law, positive law and legal pluralism in marriage practices in Indonesia.]]>
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