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Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

This study discusses the judge’s considerations in granting permission for polygamy to a husband who had committed adultery, as stated in the Religious Court Decision of Tanjung Karang Number: 737/Pdt.G/2024/PA.Tnk. Generally, Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 on Marriage upholds the principle of monogamy but allows polygamy under certain conditions with court approval. This case is particularly interesting because the court granted permission for polygamy to a husband who was proven to have engaged in an affair and committed adultery resulting in a child born out of wedlock. The study aims to identify the legal considerations of the judge and the legal implications regarding the marriage and joint property. The research employs an applied normative legal method with a qualitative approach, using primary data from interviews and secondary data from legislation and legal literature. The results show that the judge considered granting permission for polygamy as a means of legalizing the existing relationship to maintain public morality and prevent continuous sinful behavior, although it conflicts with moral values. Legally, the second wife has no rights over the joint property acquired before the polygamous marriage, as stipulated in Article 65 paragraph (1) letter b of the Marriage Law

This study aims to analyze the importance of regulating property division agreements as a requirement in polygamy permit applications, using the approach of Aristotle's theory of justice, as well as maqā ṣ id al- syarī'ah in Islamic law. The type of research is normative, which includes conceptual and philosophical analysis of law, as well as comparative research on property regulation practices in the family law system. The study shows that the practice of polygamy tends to result in economic inequality, neglect of the rights of the first wife and children, and legal conflicts related to the ownership and division of joint property. There are two approaches to property division: equal distribution of property and division of property based on contribution. The results indicate that the contribution-based approach is fairer and more relevant to modern society, especially since women are increasingly involved in household expenses. The principle of sadd al-dzarī'ah also states that this agreement is very important as a preventive measure against possible damage that occurs in the household. Practically, this study proposes the implementation of regulations in state law to require property division agreements as a formal requirement in polygamy permit applications. Combining western and Islamic values of justice within a socially just family law framework is the main focus of this research.

This study will discuss the requirements for polygamy according to the Hadith of Abu Dawud and Article 5 paragraph (1) of Law No. 1 of 1974 concerning Marriage. This research employs a descriptive-analytical method with a normative legal approach, aiming to obtain an in-depth understanding and interpretation of the meaning of an applicable legal norm. The sources of data for this research include statutory regulations, particularly Law No. 1 of 1974 concerning Marriage, and the Hadith collection of Abu Dawud as a source of Islamic teachings. If a husband wishes to have more than one wife, he must submit an application for permission to practice polygamy to the court in his local jurisdiction. Subsequently, if permission is granted by the court, polygamy may still only be carried out under certain conditions, such as the consent of the first wife and assurance that the husband can guarantee the welfare of all his wives and childrens.

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of legal understanding and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

Islam prescribes marriage as a sacred and fundamental institution in human life, aiming to preserve dignity, lineage, and to build a harmonious (sakinah), loving (mawaddah), and compassionate (rahmah) family. In Islamic teachings, marriage can be conducted either monogamously or polygamously, with specific conditions. In Indonesia, polygamous practices are strictly regulated by various legal provisions, such as Law Number 1 of 1974 and the Compilation of Islamic Law. Nevertheless, polygamy remains a controversial issue in society, often carried out without fulfilling legal requirements, such as through unregistered (sirri) marriages. This phenomenon reflects a legal dualism between religious norms and state regulations. Furthermore, the social construction of polygamy shows that it is not merely a religious or legal issue, but also a product of social, cultural, economic dynamics, and the evolution of modern values. This study aims to explore how social construction shapes the perception and practice of polygamy and its implications for household harmony. Using a multidisciplinary approach, this study seeks to provide a comprehensive understanding of the relevance of polygamy in contemporary society and its impact on family structure and child welfare.

This study is motivated by the high rate of marriage in Indonesia. Marriage is a sacred activity because through marriage there will be new family relationships and the consequences that arise from the marriage. The validity of a marriage in Indonesia is highly dependent on the provisions of each religion recognized in the Unitary State of the Republic of Indonesia. In Islam, a man can practice polygamy if he has met the existing conditions. Polygamy will have an impact on the validity of a marriage if the existing conditions are not met by the couple. Therefore, the validity of a marriage is very necessary in the system of the state of law.

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.    

Polygamy in Islam is regulated with clear provisions based on the Qur'an and Hadith. Surah Al-Nisa/4:3 permits polygamy with a maximum of four wives, under the primary condition of fairness in fulfilling material needs such as food, clothing, and shelter. However, Surah Al-Nisa/4:129 emphasizes that emotional fairness, such as inclinations of the heart, cannot be mandated as it is beyond human capability. The Prophet Muhammad SAW exemplified how to practice polygamy while adhering to the principle of justice emphasized in Islam. Historically, the regulation of polygamy aimed to address social crises in early Islamic society, such as the high number of widows and orphans due to war. Polygamy was viewed as a social solution to protect the rights of women and children, albeit under strict conditions. In conclusion, polygamy in Islam is an option permitted only in specific circumstances, not an obligation or outright recommendation, with a strong emphasis on justice and the welfare of all parties involved.

The aim of this inquiry is to excavate a profound comprehension concerning the quest for a polygamy license, by delving into the judicial decree regarding the rationale of the Surabaya Religious Tribunal in bestowing such a license, scrutinizing and dissecting the juridical and communal dimensions of ruling number 1751/Pdt.G/2024/PA. Sby. Here, the Seeker sought approval for polygamy against the Opponent due to the Opponent’s incapacity to satisfy the Seeker’s carnal desires, attributed to the presence of diabetes. The quandaries investigated pertain to the statutes and stipulations governing polygamy petitions and the Jurist’s rationale in adjudicating the polygamy license request. This investigation employs a normative jurisprudence technique, drawing upon an examination of texts, and adopts a legislative framework in its approach. The findings of this examination indicate that the Panel of Jurists factors in both legal and compassionate facets in its deliberations.

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

This study aims to analyze and find out the analysis of the process of determining polygamous marriage at the Larantuka Religious Court, East Flores Regency. This type of research is an empirical research that uses primary, secondary and tertiary data collected using interview techniques and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that (1) The process of determining polygamous marriage consists of information services, case acceptance and trial activities (2) Factors that affect people not to apply for the determination of polygamy in religious courts, namely lack of knowledge, related to customs and complicated management.    

Marriage or Marriage is a very strong contract (misaqon ghalidzan) to justify a sexual relationship between a man and a woman for the sake of realizing a happy family life, which is filled with a sense of peace and affection according to the rules approved by Allah.  In legal research, there are two types of research, namely normative (doctrinal) research and empirical research. The type of research used in preparing this thesis is a combination of normative (doctrinal) research and empirical research. The location for data collection in this research was at the Lubuk Pakam Religious Court, Jalan Mahoni No.3 Komp. Deli Serdang Regency Government Offices. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. The data analysis technique used in this legal research uses qualitative analysis Based on research results, the factors that cause divorce fall into various categories such as adultery, drunkenness, madness, gambling, leaving one of the parties, prison law, polygamy, domestic violence (KDRT), constant disputes and quarrels, apostasy, and economic problems. In resolving divorce case Number 1255/Pdt.G/2023/PA.Lpk at the Lubuk Pakam Religious Court, the Panel of Judges put forward in-depth legal considerations in deciding the divorce case between Kiki Andriani Binti Giarno (Plaintiff) and Juliandi Nasution Bin Sabran Nasution (Defendant) . The following is a comprehensive explanation of the considerations made by the Panel of Judges in the decision-making process: Based on the process of resolving divorce cases, this shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts. So it can be concluded that the factors causing divorce at the Lubuk Pakam Religious Court. In this research, an analysis of the divorce case decision at the Lubuk Pakam Religious Court with Number 1255/Pdt.G/2023/PA.Lpk between Kiki Andriani Binti Giarno as the Plaintiff and Juliandi Nasution Bin Sabran Nasution as Defendant. Based on this decision, there are several main factors that led to the divorce, which reflect the dynamics of the couple's domestic life and are relevant in the general context of divorce at the Lubuk Pakam Religious Court. Considerations of the Panel of Judges in Settlement of Divorce Cases at the Lubuk Pakam Religious Court. The decision emphasizes the importance of being present in the legal process and the effectiveness of mediation as an effort to resolve disputes. About the process of resolving divorce cases (Religious Court Decision Case Study Number: 1255/Pdt.G/2023) settlement process This divorce case shows how the legal system functions to handle domestic disputes by considering various legal factors and relevant facts.

The primary issues in this thesis are the causes of siri polygamy, the effects it has on siri polygamous families, and how Tanah Datar Regency has dealt with siri polygamy. The purpose of this study is to investigate and elucidate the causes of siri polygamy in Tanah Datar Regency, as well as the effects and solutions related to this phenomenon. The study's findings indicate that: 1) There are frequent arguments between husband and wife, the husband feels capable, and it is customary to follow ancient customs. The second wife-to-be has not processed the previous husband's death certificate. The husband is worried and does not get permission from the first wife. 2) Siri polygamy has negative effects on children, spouses are unjust and insufficient in allocating their income, spouses are uncaring and hardly return home, wives feel betrayed, and marriages are not legally binding in Tanah Datar Regency. 3) Tanah Datar Regency's resolution of siri polygamy, Out of the five data sets, two had amicably (non-litigation) resolved their issues, with both families and the mother present. None of the data sets were settled in court. Regarding unregistered polygamous weddings, the local Nagari administration has not issued any particular regulations. 4) Unregistered polygamous marriages are regarded under Islamic family law as having no legal significance, with the children being entrusted to the mother and the woman having no rights to assert in the event of a divorce or inheritance. Islamic law permits polygamy as long as certain requirements are met, such as the need that it be done properly and with no more than four partners. In addition, the law and KHI stipulate that the woman cannot have children, has an irreversible illness, or is disabled. The husband also needs the consent of the first wife. There is also an assurance that the husband would be able to fairly provide for his wife and kids.      

This study aims to explore the influence of biological factors, specifically DNA, on men's decisions regarding celibacy, monogamy, and polygamy. In this context, sexual and relationship decisions may be influenced by various genetic factors underlying individual behaviors and preferences. By analyzing genetic data from male samples who choose celibacy, monogamy, or polygamy, and collecting information about their social and psychological backgrounds, this research identifies genetic patterns that may be associated with tendencies toward one of these three options. Initial findings suggest that certain genetic variations may be related to relationship preferences and sexual behavior. This study provides new insights into how genetic factors can affect decisions related to relationship structures, with significant implications for further research on the interaction between biology and social behavior. The results of this research are expected to open up further dialogue regarding the role of genetics in determining human relationship dynamics.

Polygamy is a topic in the study of Islamic Family Law that continues to attract attention for discussion. This is due to the polemics related to polygamy, both from a theological and anthropological perspective. Starting from such problems, this then led the researchers to analyze the impacts arising from social and economic aspects, how to review Islamic law regarding the practice of polygamy and its implementation in society. The researcher used the library research method, where the researcher collected information by studying theories from various references related to research (qualitative). The type of data that researchers use is secondary data, which is data that comes from document data. Document data defined here is data originating from books, research reports, journals, etc. (qualitative). The research results show that the practice of polygamy according to state law and Islamic law is permitted, provided that they are able to fulfill their rights and obligations, are able to act fairly, and are mentally and financially mature. The practice of polygamy has positive and negative impacts, the negative impact of the practice of polygamy if you are unable to carry it out, which has an impact on the wife, children and husband who carry it out. So researchers hope that practitioners of polygamy will consider various aspects before deciding to practice polygamy in order to maintain harmony in the household.

This research was motivated by a topic regarding interpersonal communication patterns in polygamous families in Sibargot Village, Padang Rapuan Hamlet, West Bilah District, Labuhan Batu Regency. The reason for the formation of this research explains, analyzes or details the elements of communication carried out by husband couples with one wife and the other wife, the series of communications between wives, the forms of interaction between children, and the communication barriers faced by polygamous families in Sibargot Village, Padang Rapuan Hamlet. This research uses descriptive qualitative analysis, namely observing and interpreting data found through documents, interviews and observations. The data obtained is first checked for accuracy through data testing techniques. As for analyzing data by selecting, displaying and making conclusions. The results of this research show that the series of communications carried out by husbands to each of their wives does not have a specific communication pattern that occurs in their family, but each family has its own method of managing its two wives. The husband's communication policy is one-way. Then, the two wives used a form of balanced communication interaction between their wives. Things that hinder communication are caused by the lack of time to meet and interact between wives and husbands, resulting in the difficulty of creating a conducive atmosphere in resolving problems which results in many bad perceptions.