Analysis of Polygamy Law in Indonesia: Harmony between Islamic Law and State Law

Authors

  • Aminah Aminah Universiti Putra Malaysia
  • Asyharul Muala Universitas Islam Indonesia

DOI:

https://doi.org/10.35719/ijil.v6i2.2020

Keywords:

Polygamy, Islamic law, Indonesian Marriage Law, legal conflicts, social justice, policy reform, law enforcement.

Abstract

Polygamy, a practice that is widely recognized and regulated in Islamic law, often raises legal and social dilemmas in the context of Indonesia's national regulations. This research uses descriptive qualitative methods to analyze the interaction between Islamic law and Law Number 1 of 1974 concerning Marriage in Indonesia, which shows the conflict between religious norms and modern legal demands that are more inclusive. The research results show a significant gap between the law and practice of polygamy, with many cases carried out without official registration, leaving wives and children vulnerable without adequate legal protection. This study emphasizes the need for policy reform and increased law enforcement to address these social and legal problems, as well as increasing harmony between religious law and positive law, with the main aim of seeking better justice and prosperity for all involved.

Downloads

Download data is not yet available.

Downloads

Published

30-12-2023 — Updated on 30-12-2023

Versions

How to Cite

Analysis of Polygamy Law in Indonesia: Harmony between Islamic Law and State Law. (2023). Indonesian Journal of Islamic Law, 6(2), 1-17. https://doi.org/10.35719/ijil.v6i2.2020
Views: 129 / Download: 396