Abstract

Reform of family law is necessary, and this has become a trend in the renewal of Islamic family law in the modern world. One of the themes studied is the application of legal sanctions (criminalization). Criminalization is a product of modern law, which is very different from the fiqh law, which refers to society. In this study, polygamy is the theme that will be discussed. How is the implementation of criminal sanctions in cases of polygamy in some modern Muslim countries? The country objects that are the focus of the study are Indonesia, Malaysia, and Tunisia. The study approach uses a comparative approach, including vertical comparison (state law-classical legal doctrine), horizontal comparison (Law between countries), diagonal comparison (level of legal dynamics). Results in two conclusions that polygamy as a study of Islamic family law is a private matter and a public issue, so it requires firmness of sanctions. There are two views that polygamy law is prohibited and allowed with conditions, as for those who prohibit it, Tunisia by imposing criminal sanctions and those who allow it on condition that Indonesia and Malaysia, by imposing light sanctions.
 

Highlights

  • One trend of family law reform in the modern Islamic world is implementing legal sanctions

  • As mentioned in the title above, this paper only focuses on studies in several Muslim countries: Tunisia, Malaysia, and Indonesia, using a comparative approach, including vertical comparison; horizontal comparison (Law between countries); diagonal comparison

  • IMPLEMENTATION METHOD The method utilized in this study is descriptive qualitative through library research techniques, and literature studies reviewed from the latest journals that discuss the application of criminal sanctions in cases of polygamy in several modern Muslim countries

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Summary

Introduction

One trend of family law reform in the modern Islamic world is implementing legal sanctions (criminalization). In the case of polygamy, the criminalization of polygamy has not yet become a general portrait of the laws/laws that apply in Muslim countries, its existence is increasingly being considered. It remains one of the hot topics of the Muslim world today. It is interesting if the criminalization of polygamy in Indonesia can be examined more closely. See how other Muslim countries apply it, compared it with each other in the context of conventional Islamic law doctrine, between countries, and its position as one of the images of dynamics in Islamic Law, especially law. When compared with legal policies in non-Muslim countries (Western countries)

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