AT-TAFAHUM: Journal of Law
Vol 5, No 1 (2021)

Analysis Of The Islamic Legal Paradigm In Studying Monogamy, Polygamy And Divorce

Chifa Azyana Adly Meknesya (Sidi Mohamed ben Abdellah Fes Morocco)
Muhammad Hidayat (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Jul 2021

Abstract

This article examines contemporary Islamic legal perspectives on monogamous and polygamous marriages, as well as the processes and underlying reasons for divorce within the framework of modern Islamic jurisprudence. In everyday life, marital relationships frequently encounter various social, economic, and emotional challenges, prompting individuals to navigate between monogamy as the ideal normative model and polygamy as a conditionally permissible practice under sharia. At the same time, divorce emerges as a complex phenomenon influenced by multiple factors, including incompatibility, economic hardship, and moral considerations. The study aims to explore the views, arguments, and proposed solutions of contemporary Islamic scholars in addressing these issues. Employing a qualitative bibliographic approach, this research draws upon classical fiqh literature alongside the interpretations and analyses of modern scholars, thereby bridging traditional doctrines with current socio-cultural realities. This method allows for a comprehensive understanding of how Islamic legal thought evolves in response to changing contexts. The findings reveal that contemporary Islamic law promotes a balanced, just, and context-sensitive approach to marital issues. Monogamy is strongly encouraged as the ideal form of marriage due to its alignment with principles of fairness and stability. Polygamy, while permitted, is strictly regulated and only justified under compelling circumstances, with the absolute requirement of justice among spouses. Furthermore, divorce is regarded as a last resort, permissible only after all efforts toward reconciliation, mediation, and mutual understanding have been thoroughly exhausted.

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Journal Info

Abbrev

attafahum

Publisher

Subject

Description

At-Tafahum: Journal of Law focuses on advancing legal scholarship through the integration of Islamic law and contemporary issues in the field of Administrative Law, within the framework of ASEAN legal studies and the broader global context. The journal prioritizes the publication of research that ...