Tinjauan Hukum Islam Terhadap Poligami Perspektif Keadilan dan Hak-Hak Istri

Abstract

This study examines the practice of polygamy in Indonesia from the perspective of Islamic law and positive law, particularly regarding justice and the protection of wives' rights. In Islam, polygamy is permitted with a maximum of four wives and the main requirement of justice is stipulated in Surah An-Nisa, verse 3 of the Quran. Indonesian positive law does not prohibit polygamy, but limits it through the requirement of court permission and the wife's consent, as stipulated in Law No. 1 of 1974 and the Compilation of Islamic Law. This study used a qualitative method with a normative juridical approach, examining primary legal sources (the Quran, hadith, legislation) and secondary sources (scholarly literature). The results show that Islamic law and positive law both prioritize justice in polygamy, although its implementation in practice still often results in injustice for wives. Protection of wives' rights in polygamy includes the right to maintenance, the right to take turns, housing, and equal treatment. However, weak oversight and the practice of polygamy without official permission often result in violations of the rights of wives and children. The conclusion of this study emphasizes the need for law enforcement and public awareness to ensure that polygamy is carried out in accordance with the principles of justice.