Maqasid Forum
Vol. 1 No. 1 (2026): March 2026

Izin Poligami Suami Hiperseks Perspektif Maslahah di Pengadilan Agama Pasir Pengaraian

Musfirah Hidayati (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Maizul Imran (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
04 Mar 2026

Abstract

A husband's hypersexuality is not among the grounds listed in Article 4(2) of the 1974 Marriage Law or in the Compilation of Islamic Law (KHI), yet it formed the basis for a polygamy permit in Decision Number 12/Pdt.G/2020/PA.Ppg at the Pasir Pengaraian Religious Court. This paper examines the legal reasoning behind that outcome. Using a normative-empirical legal research method with a qualitative field approach, drawing on interviews with the presiding judge, the substitute registrar, and the second wife, it traces how the panel reached its decision and evaluates the ruling against the maslahah framework. The panel, it turns out, grounded its approval in the first wife's failure to meet her marital obligations, reinforced by the cumulative conditions set out in Article 5(1) together with Articles 57–58 of the KHI; her admission in court was accepted as conclusive evidence (iqrar), and the judges invoked the principle that preventing harm takes precedence over pursuing benefit. Viewed through a maslahah lens, however, the decision leans procedurally passive, rests on protective factors that are largely formal, and advances only a partial maslahah mursalah argument—one weighing polygamy solely against the risk of adultery while leaving its psychological and relational costs unexamined. Because of this gap in Indonesia's polygamy regulations, the benefit achieved settles at the tahsiniyat, or complementary, tier rather than anything more fundamental. The paper closes by recommending that judges in comparable cases require objective medical or psychological evidence before granting similar permits.

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Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...