Polygamy Law in Indonesia Perspective of Islamic Family Law and Positive Law
Keywords:
Polygamy Law, Law No.1 of 1974, Islamic family lawAbstract
In Islam, there is a permissibility of polygamy for a husband, but there are absolute conditions that must be met to carry out the polygamy, the absolute requirement is that a husband May marry a maximum of 4 wife and be able to be fair to his wives, if the requirements to be fair cannot be met, then he is obliged to marry only 1 wife. The provisions of polygamy in Indonesia are contained in Law No.1 of 1974, which gives a positive response to husbands who want to commit polygamy. The terms and conditions of polygamy are clearly stated in Law No.1 of 1974 Article 5 Paragraph 1, namely: First, consent of the wife/wives Second, certainty that the husband is able to guarantee the necessities of life of the wife and children Third, guarantee that the husband will be fair to his wife and children. Ideally, the regulation aiming to minimize the arbitrary attitude of the husband (man) towards the wife (woman). This is also for the sake of creating a family that is peace, love, and mercy.
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