Abstract:
Polygamy as a solution for married couples who have certain problems
still leaves a number of problems among Indonesian Muslims. The legal norms
governing polygamy have become meaningless with the rise of unrecorded
polygamy by certain people who find it difficult to practice polygamy formally in
Indonesia. The dichotomy of Islamic law and legal law often triggers this
problem, which is always up to date, even though these two norms can be
synchronized by adopting the values of benefit which are not partial to husband
and wife. This article aims to describe the harmonization of polygamy between
Islamic law and legal law in Indonesia. The method this research used was library
research with qualitative descriptive analysis. The theory that researchers use
refers to several Islamic legal rules and regulations in Indonesia regarding
polygamy. The findings of this research are that together between Islamic law and
legal law in Indonesia have regulated the permissibility of polygamy with the
main requirement being that the husband is able to be fair. This requirement
becomes a guideline for wives to allow their husbands to practice polygamy. It is
the husband and wife who can measure the fulfillment of these main requirements,
and this is where the harmonization of the two regulations in Indonesia lies. The
researcher found that the most dominant dichotomy between the two legal norms
lies in not allowing female civil servants to become second, third, or fourth wives,
as regulated in Article 4 paragraph 2 PP.45/1990. This rule is not in sync with the
norms of Islamic law which do not prohibit this from being done. Therefore, it is
necessary to revise the state legal norms regarding polygamy for the benefit of all
elements of family and society.
