Journal Article
Published
Philosophical Basis of Various Polygynous Requirements: Comparative Study of Family Law’s Philosophy in Asia and Africa
Abstract
Polygyny is one of the objects to reform Islamic family law in modern
Muslim countries. In addition to meeting the demands of the times, the
renewal of polygyny regulations also aims to improve the position and
protect women's rights. Most modern Muslim countries have renewed
polygyny regulations by limiting and prohibiting polygyny accompanied
by criminalization. This study utilizes a comparative descriptive method
to compare the polygynous requirements in Indonesia, Morocco,
Tunisia, Somalia, Turkey, and Pakistan from the perspective of the
philosophy of Islamic law. The research findings show that the
categorization of polygyny regulations in modern Muslim countries
consists of: absolute prohibition of polygyny, permissibility with strict
conditions, permissibility with weak conditions, obligation to seek court
permission, and criminalization of polygyny. There are two main
elements required for polygyny in modern Muslim countries: an internal
element in the form of the condition of husband and wife and an
external component in the form of the role of the court institution in
granting polygyny permits. Thus, the philosophical basis of these
differences is mostly caused by the diversity of Madhabs in each country
that aimed to maintain their people’s prosperity and to renew Islamic
family law which brings a contemporary spirit especially the
embodiment of equality and increase in the position of women.
Publication Details
JournalDe Jure: Jurnal Hukum dan Syar’iah
Volume14 (2)
Pagespp. 334-358
ISSN2085-1618
Keywordspolygyny; family law; philosophy.
Item ID2021
Deposited09 Feb 2023 03:33