Arrangement Polygamy in Indonesia: Analysis Law Islam and Positive Law

Abstract

The regulation of polygamy in Indonesia has been the subject of lengthy debate in recent years. Polygamy, defined as a husband having more than one wife, carries complex implications in the country's laws and policies. Islamic law in Indonesia allows polygamy under certain conditions, such as the consent of the wife, fair treatment, and clear intentions. However, Indonesia's positive law, implemented through Law Number 1 of 1974 concerning marriage, has specific regulations regarding polygamy, including conditions that must be met to engage in it. Indonesia's polygamy policy also has significant implications, with permission for polygamy needing to be obtained from the Religious Court, and conditions to be met including the wife's consent, fair treatment, and clear intentions. This research analyzes the regulation of polygamy in Indonesia through the analysis of Islamic law and positive law, as well as understanding the urgency of obtaining permission for polygamy in the Religious Court. The research findings indicate differences between Islamic law and Indonesia's positive law, with Islamic law permitting polygamy under certain conditions, while Indonesia's positive law has stricter regulations making it more difficult for husbands to engage in polygamy. This research shows that the differences between Islamic law and Indonesia's positive law can be a source of conflict and debate within society, highlighting the need for clearer and more consistent regulations governing polygamy in Indonesia, as well as the importance of raising awareness among the public about the significance of respecting both legal and customary laws within society.