POLIGAMI TANPA PERSETUJUAN ISTRI PERTAMA DAN IZIN PENGADILAN: STUDI SOSIO-LEGAL DI NEGERI ADMINISTRATIF DULAK, PULAU GOROM

Abstrak

Polygamy conducted without the first wife’s consent and without court authorization raises issues extending beyond marital validity to justice, protection of wives and children, and legal certainty. This study describes polygamous practices in the Administrative Village of Dulak, Pulau Gorom District, analyzes them under Islamic law and Indonesian positive law, and formulates a protection model for affected families. It employs qualitative research with a normative-empirical and socio-legal approach. Primary data derive from interviews with three first wives whose identities were anonymized, a religious leader, a customary leader, and local officials. Secondary materials include the Qur’an, hadith, classical and contemporary Islamic jurisprudence, marriage legislation, the Compilation of Islamic Law, and scholarly articles. Data were analyzed through reduction, categorization, comparison between field facts and legal norms, and thematic interpretation. The findings show that the polygamous marriages were conducted secretly and outside court procedures, followed by neglect of maintenance, unequal allocation of time, psychological distress, threats, and physical violence. Under classical fiqh, the first wife’s consent is not a constitutive requirement for the validity of polygamy; nevertheless, practices producing injustice, deprivation of rights, and harm are inconsistent with the duty of justice, mu‘āsharah bi al-ma‘rūf, maqāṣid al-sharī‘ah, and the principle of no harm. Under Indonesian law, a husband must obtain court authorization and satisfy the conditions prescribed by the Marriage Law, Government Regulation No. 9 of 1975, and the Compilation of Islamic Law. A polygamous marriage without court authorization has no legal force under the Compilation. The study emphasizes the distinction between fiqh validity and compliance with state law and proposes layered protection through legal education, judicial scrutiny, maintenance guarantees, services for violence survivors, and religious-customary mediation.

Keywords: polygamy; wife’s consent; court authorization; Islamic law; women’s protection