Fathia Putri Anwari

20410172

POLYGAMY

• Definition

The word polygamy comes from the Greek, poly which means many and gamien which means
marriage, when combined it will mean a marriage of many. In Arabic, polygamy is called ta'adud
al-zawajah. Polygamy is defined as marriage carried out with several partners at the same time.
Thus, polygamy is not limited to only men, but also women.

• Legal Basis of Polygamy in Islam

“If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺,
then marry other women of your choice—two, three, or four. But if you are afraid you will fail to
maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your
possession. This way you are less likely to commit injustice.” [QS. An-Nisa: 3]

• Polygamy in Indonesia

In Article 3 of Law no. 1 of 1974, clearly states that the marriage law in Indonesia adheres to the
principle of monogamy which is intended for both men and women. However, in this law there is
also an exception, a husband can have more than one wife if there is permission from the party
concerned, in this case the previous wife. The existence of this exception is based on religion which
does not forbid the practice of polygamy. Likewise in the Compilation of Islamic Law (KHI)
Article 55 it is stated that a man can have more than one wife up to four people on the condition
that the husband must be able to treat his wives and children fairly and if it is feared that these
conditions will not be fulfilled then the husband prohibited from having more than one wife. From
some of the principles and rules that have been put forward, it can be understood that the principle
of marriage is absolute monogamy, but open monogamy, because according to Article 3 (1) of
Law no. 1/1974 states that a husband may only have one wife and vice versa. However, in article
3 (2) of Law no. 1/1974 which states that "the court may give permission to a husband to have
more than one wife if the parties concerned want.

• Polygamy Terms

The scholars mention two conditions that Allah SWT mentions in the Qur'an when a man wants
to have polygamy, and another condition that is mentioned in the hadith of the Prophet
Muhammad:

1. The maximum number of wives is four, and no more.

2. Can do and be fair between his wives.

3. The existence of physical ability and livelihood in the form of property.

The three conditions stated above must be met. Both conditions one, two and three allow a man
who wants to be polygamous to marry up to four women fairly. The law of fair conduct mentioned
above is fard or obligatory. So, leaving it is a sin and a transgression.

• Reasons for allowing polygamy

1. Polygamy must be carried out under certain conditions, meaning not under normal conditions.
For example, if the wife is old or sick, so it is feared that the husband will not be able to maintain
his honor if he does not practice polygamy.

2. Marriage is the cause of the relationship (kinship) and attachment between human beings. In
other words, practicing polygamy is the cause of the relationship and closeness between many
families, and this is also one of the reasons for polygamy that was practiced by the Prophet
Muhammad.

3. Polygamy is the cause of maintaining the honor of a large number of women and the fulfillment
of their life needs in the form of a living, a place to live, having many offspring and children, and
this is a requirement of the Shari'a.

4. A man who has a high lust, so that it is not enough for him to have a wife, while he does not
want to fall into things that violate the Shari'a.
 INTERFAITH MARRIAGE

Islam explicitly prohibits interfaith marriages. Allah SWT says in Q.S. Al-Baqarah verse 221
which means, "And do not marry polytheist women until they believe. Verily, a believing slave
woman is better than a polytheist woman, even though she is attractive.” The meaning of the verse
is a prohibition in the form of haraam. It is forbidden for a guardian to marry a Muslim woman to
a non-Muslim man from any class. In this context, Imam as-Shafi'i asserted: "It is not lawful for a
man who still holds the status of kufr to marry a Muslim woman, and even a Muslim female slave
forever. In this case, there is no difference between infidels from the people of the book and infidels
from other groups. In Indonesia, it has been stated in Law No. 1 of 1974 article 2 paragraph 1 that
it is explained that "Marriage is legal, if it is carried out according to the law of each religion and
belief".

The reasons interfaith marriages cannot be justified:

1. Breaking Religious Laws

2. Violating the Marriage Law

3. The purpose of marriage will not be achieved

Every marriage must aim to achieve happiness, peace, blessing, to get inner peace which in the
Qur'an is called sakinah. According to Prof. DR. Quraish Shihab, the prohibition of marriage
between different religions is motivated by the hope of the emerge of sakinah in the family.

A marriage will be lasting and peaceful if there is a compatibility between husband and wife's
views of life, because differences in religion, cultural differences, social backgrounds or even
differences in education levels often result in marriage failure.

Consequences of Interfaith Marriage

Interfaith marriages will cause various excesses that are prolonged in the future, such as:

1. Unclear lineage

Because interfaith marriages are not legal according to Islamic law, the offspring born to the couple
are called maternal line children, meaning that they are cut off from their biological father. If a
daughter is born from their marriage, then this daughter is Muslim while her father is of another
religion, then she cannot be represented by the father. If the biological father is forced to become
a marriage guardian, then the child's marriage is not valid. And a marriage that will not only be
valid gives birth to an illegitimate husband and wife relationship, or adultery.

2. Termination of Inheritance Rights

In Islam, one of the reasons a person cannot get an inheritance (his inheritance rights are cut off)
is the religious difference between the heir and heir. As a result, this may lead to a prolonged
conflict (conquest of inheritance) if there are several heirs of different religions in a family.

3. Creating Uncertainty in choosing a religion

Usually, parents of different religions tend to give freedom to choose religion to their children.
This freedom will actually become a psychological burden on their children, because:

A. A child who has not reached the maturity of thinking and does not have religious insight,
will actually make them confused in determining their religious choice. This is what then
makes them live in uncertainty and will always be filled with doubts.
B. Children of different religions will also feel a great psychological burden when they
consider the feelings of one of their parents, whether to follow the religion of the father or
mother. This cannot be taken lightly, even if parents give freedom, children will still feel
indecisive in making their choices.
C. Children will always be filled with confusion and uncertainty in the end their children are
ignorant of religion, they choose to live freely like people who have no religion.
References

Cahyani, A. I. (2018). Poligami dalam Perspektif Hukum Islam. Jurnal Al-Qadau: Peradilan Dan Hukum
Keluarga Islam, 5(2), 271-280.

Ichsan, M. (2018). Poligami Dalam Perspektif Hukum Islam (Kajian Tafsir Muqaranah). JURIS (Jurnal
Ilmiah Syariah), 17(2), 151-159.

Alwi, B. M. (2013). Poligami Dalam Islam. Jurnal Ilmiah Al-Syir'ah, 11(1).