Polygamy Without The Wife’s Consent From The Perspective Of Fiqh And Law Number 1 Of 1974 Concerning Marriage A Study Of Decision Number 2246/Pdt.G/2023/Pa.Bgl

Abstract

Polygamy is a marriage involving more than one wife at the same time, limited to a maximum of four, based on Qur'an Surah An-Nisa’ verses 3 and 129 and the Hadith of the Prophet. In Islamic jurisprudence, polygamy is fundamentally permissible provided justice can be maintained, although in the Shafi’i school it is not recommended. Under the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 on Marriage, polygamy requires the consent of the wife and authorization from the Religious Court. This normative study analyzes its regulation and legal consequences. Unauthorized polygamy lacks legal force and weakens the wife’s legal position, prioritizing the prevention of harm over benefit.