Polygamy in Family Law: Gender Perspectives and Its Implications for Women's Rights

Fenomena poligami menjadi polemik dalam negara timur, seperti Indonesia. Sebagai negara mayoritas muslim Indonesia mengenal dua sistem dalam berkeluarga, yaitu sistem monogami dan poligami. Pernikahan di Madura tidak jauh berbeda dengan sistem pernikahan tradisional di daerah lain. Praktek poligami pada mulanya hanya dilakukan oleh laki-laki Madura yang memiliki jabatan atau memiliki materi lebih, seperti tokoh agama, pejabat, atau seorang blater yang berpengaruh dalam lingkungan masyarakat. Namun praktik poligami yang terjadi belakangan ini dilakukan pula oleh laki-laki Madura yang tidak berkecukupan secara materi. Dengan kondisi diatas, fenomena praktek poligami di Bangkalan Madura dapat diibaratkan seperti fenomena gunung es. Masalah dalam penelitian ini adalah bagaimana komunikasi perempuan dalam keluarga berpoligami di Bangkalan Madura? Penelitian ini menggunakan paradigma konstruktivis dengan jenis penelitian kualitatif deskriptif. Pengumpulan data ini menggunakan wawancara mendalam (depth interviews) , observasi partisipan.


 This study aims to describe the portrait of the Sakinah family in a polygamous family, as well as to reveal the impact of polygamous marriage on children's welfare in North Aceh, Indonesia. This research was conducted using a qualitative approach with field research and library research. Data collection techniques through interviews, observation, and literature studies. Primary data sources were 32 participants consisting of 8 polygamous husbands, 5 first wives, 7-second wives, 1 third wife, 1 fourth wife, and 10 children in polygamous families. Secondary data sources from the field consisted of Islamic religious counsellors who served at the KUA, and community leaders in the North Aceh district. The results of this study indicate that respondents define a sakinah family as a comfortable household condition, fulfilling a living both physically and spiritually, as basic needs consisting of food, clothing, shelter, worship, education, affection and fair treatment for all family members. The Sakinah family is also associated with polygamous status, where there are respondents who understand that the Sakinah family is a family that is free from the practice of polygamy. The way polygamy practices affect the well-being of children in the family. Open and legal polygamous marriages have a positive impact on children because husbands/fathers are able to be fair in the family. The relationship between family members is quite harmonious, both the relationship between children and parents, as well as other family members. Meanwhile, secret polygamous marriages tend to have a negative impact on children. Husbands/fathers tend to neglect their responsibilities as heads of the family. The relationship between children and their parents and fellow family members is not always harmonious. The practice of polygamy can affect children's lives in three aspects. Psychologically, polygamous marriage families make children lose confidence, stress or depression, wepping, get angry and hate their parents. In terms of education, children experience a decrease in achievement. The inability of parents to pay school fees causes children to drop out of school. In the social aspect, children who live in a polygamous family experience isolation from friends and get bullying from peers or neighbours. Children also tend to withdraw from social life
 
 Keywords: Polygamous Marriage, Sakinah Family, Children’s Life, Aceh Indonesia

Measures of Polygyny in Humans

Polygamy is defined as a marriage in which a spouse of either gender has more than one mate at the same time. Polygamy is considered a valid form of marriage in many countries and communities around the globe. The purpose of this study is to examine the psychological symptoms, family function, marital satisfaction, life satisfaction and the degree of agreement with the practice of polygamy among 'senior wives' - the first wife in the polygamous marriage - and women in monogamous marriages in the West Bank, Palestine. A convenience sample of 309 women, 187 from polygamous and 122 from monogamous families, participated in this study. All women from polygamous families were senior wives. The following instruments were deployed: the McMaster Family Assessment Device (FAD), the ENRICH marital satisfaction questionnaire, the SCL-90 mental health symptoms checklist, the Rosenberg self-esteem (SE) scale, the Diener et al. (1985), a life satisfaction scale, and a basic socio-demographic scale, including the degree of agreement of the practice of polygamy. The findings revealed significant differences between senior wives in polygamous marriages and wives in monogamous marriages with regard to family functioning, marital satisfaction, self-esteem and life satisfaction. Likewise, many of the mental health symptoms were different. Particularly noteworthy were somatization, depression, hostility psychotism and the General Severity Index (a global index of distress). More women in polygamous marriages agreed with the practice of polygamy than their monogamous counterparts. Practitioners and policy makers need to be aware of the consequences of polygamy on first wives and on society as whole.

The practice of unregistered polygamy is motivated by many factors, one of which is that a husband has an element of deliberate intention to have more than one wife but only to satisfy his lust, not to be used as a solution in a special situation that allows polygamy and secondly, the practice of polygamy is used as a one solution to overcome certain emergency situations, for example a wife who is infertile, has an illness and does not get better or other emergency conditions which mean that a husband is allowed to remarry as long as it is with the consent of the first wife. The practice of siri polygamy carried out by the community is a legal problem because its implementation is carried out in secret and is not legally recorded by the state even though it is legal and meets Islamic law. If we look at it from the perspective of maslahah murrasa, there is no specific argument or text that states that marriages must be registered religiously, however, looking at the various maslahah needs that exist in polygamous sirri marriages, it is good to implement it because it will have the effect of keeping things at bay. unwanted things such as misunderstanding of marital status and other difficulties in life.Keywords : isbat marriage, siri adn polygamy AbstrakPraktik poligami siri dilatar belakangi dengan banyak faktor salah satunya dimana seorang suami memiliki unsur kesengajaan yang memiliki niat untuk memiliki istri lebih dari satu namun hanya sebagai pemuas nafsu semata bukan digunakan sebagai solusi dalam suatu keadaan khusus yang memperbolehkanya poligami dan yang kedua ialah praktik poligami dijadikan sebagai salah satu solusi dalam mengatasi keadaan darurat tertentu contohnya istri yang mandul, memiliki sakit dan tak kunjung sembuh ataupun kondisi darurat lainya yang menjadikan seorang suami diperbolehkan untuk menikah lagi asalkan atas persetujuan sang istri pertama. Praktik poligami siri yang dilakukan oleh masyarakat menjadi permasalahan hukum karena pelaksanaanya dilakukan secara sembunyi dan tidak tercatat secara sah oleh negara meskipun sudah sah dan memenuhi syariat hukum Islam. Jika dilihat dari sisi pandang prespektif maslahah mursalah memang tidak ada dalil atau nas secara khusus yang menyebutkan mengenai pernikahan harus dicatatkan secara agama, namun melihat dari beberapa kebutuhan maslahah yang ada isbat nikah pada pernikahan sirri poligami baik untuk dilaksanakan karena akan memberikan dampak menjauhkan hal-hal yang tidak diinginkan seperti kesalah pahaman terhadap status perkawinan dan kesukaran lain dalam kehidupan.Kata Kunci : isbat nikah, siri dan poligami.

To examine the psychological, self-esteem (SE), family function, marital satisfaction, life satisfaction and degree of agreement with the practice of polygamy among polygamous women with a control group from monogamous women in Syria. Convenience sample of 136 women, 64 of whom were wives in polygamous marriages and 72 were wives in monogamous marriages participated in this study. A snowball method of sampling was used, conducted by undergraduate local female students trained to collect data according to culturally competent methods. The following research instruments were deployed: the symptoms checklist-90, the Rosenberg SE, the Life Satisfaction, family function and marital satisfaction. Findings revealed that women in polygamous marriages experienced lower SE, less life satisfaction, less marital satisfaction and more mental health symptomatology than women in monogamous marriages. Many of the mental health symptoms were different; noteworthy were elevated somatization, depression, hostility and psychoticism and their general severity index was higher. Furthermore, "first wife syndrome" was examined in polygamous families, comparing first with second and third wives in polygamous marriages. Findings indicated that first wives reported on more family problems, less SE, more anxiety, more paranoid ideation, and more psychoticism than second and third wives. These results are best understood through consideration of the socio-cultural and economic realities facing these women. Implications for mental health practice, policy and further research are discussed.

This research aims to analyze and understand the meaning and significance of the concept of " fairness" in the practice of polygamy based on the Prophet's hadith. Polygamy is a complex and controversial issue in contemporary society. The husband's unfair attitude towards his wife and children is often the cause of complicated problems in the practice of polygamy in Indonesia. The forms of husband's unfairness in polygamous marriages also vary, including in matters of food, clothing, shelter and division of days. Husband's unfairness is almost always a finding in research that discusses the problems and negative impacts of polygamous marriages in Indonesia. The results show that the concept of fairness in the practice of polygamy referred to in the traditions of the Prophet shallallahu 'alaihi wa sallam and the explanations of the scholars include: (1) Fairness in the division of nights, overnight stays (qasm) and visits, although doing the division of nights the Prophet also gathered his wives at night and visited all of his wives during the day; (2) Fairness in providing maintenance which includes clothing, shelter and food; (3) Fairness in determining which wife to bring to accompany him on long trips by drawing lots; and (4) There is no obligation to be fair in matters of love and intercourse. This research is expected to provide a better understanding of the practice of polygamy in Islam and the concept of fairness applied.

The semiotics of women’s human rights in iran

The issue of polygamy in Islamic family law has become a complex topic of debate, particularly concerning gender equality and women's rights in the context of international law. Although polygamy is permitted under Islamic law, its application often conflicts with the gender equality principles expected in modern societies. This study aims to analyze the dynamics between Islamic family law traditions and international demands for gender justice regarding the practice of polygamy. The objective of this research is to understand how Islamic family law regulates polygamy and its impact on gender justice, as well as to explore how countries with Muslim majorities adapt international principles concerning women's rights in the practice of polygamy. This research employs a descriptive qualitative approach, utilizing data collection techniques that include in-depth interviews and document analysis. The countries selected for this study are Indonesia, Saudi Arabia, the United Arab Emirates, and Turkey, which represent various legal approaches to polygamy. The study reveals that while there are restrictions on the application of polygamy in some countries, the practice continues to create tension between tradition and gender equality demands. Countries with Muslim majorities need to reform their policies to protect women's rights and ensure that Islamic family law can be adapted in line with international principles.

This article assesses the compatibility of the Sharia and Islamic family laws with international human rights law. As a subject of enormous complexity and variation, detailed examination is restricted to two of the highly contentious subjects of Islamic family laws – polygamy and the Talaq (unilateral divorce given by the husband) within Islam. It is argued that while the Quran and Sunna remain the principal foundations of the Sharia, the formulation of a legally binding code from primarily ethical and religious sources has not been an uncontested matter. It is also submitted that the Sharia and Islamic family laws that eventually emerged during the second and third centuries of the Muslim calendar were heavily influenced by the socio-economic, political and indigenous tribal values of the prevailing times. During the development phases of the classical legal schools, the Islamic jurists frequently adopted male-centric approaches towards women's rights and family laws. As regards polygamy and the Talaq it is only recently (and with considerable reservations) that Islamic societies have allowed a debate and enquiry into the reform of established norms of the Sharia. Attempts to rectify the injustices built into the prevailing system of polygamous marriages and unilateral Talaq procedures have resulted in some, albeit limited, success through the process of directly appealing to the primary sources of the Sharia. The article concludes with the view that the Sharia and Islamic family laws are likely to remain relevant to Islamic societies as well as to English Law – a consistent review and re-interpretation of the Sharia is therefore of utmost significance.

This study aimed to empirically examine the impact of polygamous marriages on marital ties and family relationships in District Battgram of Khyber Pakhtunkhwa province of Pakistan. The study used qualitative paradigm wherein data was collected through in-depth interviews with 22 respondents in the targeted locales. The collected data was thematically analysed and findings of the study suggest that polygamous marriage is a common social and cultural practice in the region which has certain social, psychological and financial ramifications for families, spouses, and children. It is concluded from the study that the discriminative behavior of husband and the inequitable allocation of resources among wives in polygamous marriages leads towards feeling of jealousy, marital conflict, unhealthy competition and many other mental health issues. It is recommended that the government needs to frame policies to ensure the social security of women in polygamous marriages and the practice of polygamy may be allowed under peculiar circumstances.

Abstract: Marriage in Islam there is a monogomi bersiasfat or one wife and there is also a polygamy that is more than one wife. Polygamy is indeed permissible in Islam but with conditions as a condition to be met. Not only Islam, the State also affirmed the practice of polygamy but still accompanied degan terms that are not much different from the rules of religion. Therefore, if there is someone who wishes to do polygamy then he must understand the rules in religion and the State so recorded also by the State. Polygamy exemplified in Islam needs to be understood not solely to meet biological needs alone. History records, even the practice of polygamy is done more to protect against women at that time. Many women are left to die by their husbands in battle and need protection. The Prophet even practiced polygamy in addition to protecting women also because of the command of Allah. From here, it appears the writer’s desire to raise the theme of polygamy from the point of religion and the State so that it is not misunderstood and used as a shield and a reason for people who are polygamous. Keywords: Polygamy, country and religio

The article deals with the practice of polygamy among the Ingush people in the historical dynam-ics from the first evidence in the early XIX to the XXI century. The tasks of the author’s research include finding answers to questions such as: how much more or less common has polygyny be-come in the Ingush community when comparing the experience of the past (XIX century) to the present? How is the practice of creating polygamous marriages by men and women of Ingush na-tionality of different ages and varying degrees of education treated by people living in different areas: cities and villages? What are the causal relationships for Ingush newlyweds in polygamous marriages? The author also aimed to include information about the modern practices of forming polyg-amous families among the Ingush people in the scientific discourse and to explore the perception of the phenomenon of polygamy by representatives of the nation. To comprehensively address the claimed topic, the author employed various scientific re-search methods: historical and comparative methods, thematic interviews, in-depth interviews, and the method of observation. Based on the analysis of empirical data collected while preparing the material, the author demonstrates that, despite the processes of urbanization, modernization of culture, and recent re-Islamization of society, the culture and traditions of the Ingush people remain strongly influenced. Overall, polygamy has retained its presence in Ingush society. The study shows that the motiva-tions of Ingush newlyweds entering into polygamous marriages have changed over time. The author collected field material from 2022 to 2024 in various settlements of the Republic of Ingushetia, including the cities of Magas, Nazran, Sunzha, and Karabulak, as well as the rural settlements of Dolakovo, Ekazhevo, Plievo, Surkhakhi, Galashki, Sredni Achaluki, and Beini. The respondents were men and women of Ingush nationality aged 25 years and older. All respondents had secondary or higher education and varied social status, including unemployed individuals, en-trepreneurs, and specialists in various fields.

The 1999 decree by Kuwait's emir granting women electoral rights, and its subsequent parliamentary rejection, is more than just an instance of women's oppression in action. It also demonstrates a potential paradox between two axes of democratization: liberalization, the existence of a sphere of meaningful public contestation, and participation, that the right to participate in that sphere is extended to all. In Kuwait, 1999 represents an instance where those two axes were in direct competition. This article explores the 1999 enfranchisement as a way of understanding this democratic paradox and then follows these issues through the successful 2005 enfranchisement and the election of female Assembly members in 2007 and in the 2012, post-Arab Spring elections.In 1999, Kuwaiti women had the right to vote for six months, during which time there were no elections. The basic facts of this curious moment in Kuwaiti politics are these. The Kuwaiti National Assembly was dissolved on May 4, 1999, for the third time in Kuwaiti history; for the first time, elections were scheduled within two months, as is required by the constitution. On May 16, the emir, Shaykh Jabir al-Ahmad Al Sabah, decreed that Kuwaiti women would have the right to vote and be elected in the parliamentary elections in 2003. Immediately, there was an outpouring of support from high-ranking women within Kuwaiti society, women's rights activists in Kuwait and abroad, and international actors, such as religious leaders and Western governments. There was also immediate opposition to the decree, both from Islamists within and outside Kuwait who opposed women's voting rights on religious grounds and from liberals who said that the decree was an unconstitutional attack on the power of the National Assembly.When the parliament reconvened on July 17, it contained both strong Islamist and liberal blocs - 20 Islamists, 16 liberals, and 14 pro-government elected members, in addition to 15 government-appointed cabinet members. Immediately, the constitutionality and permissibility of the emir's decree became hot topics for debate, as the new assembly had to confirm or reject all of the decrees passed during the suspension. Many liberals and most Islamists opposed the decree, while the pro-government members followed the government line. On November 23, the Assembly rejected the emir's decree by a vote of 41 to 21. However, a group of liberals, who supported women's voting rights but opposed the emir's action, introduced an identical bill. On November 30, the parliament-initiated bill failed, by a vote of 32 to 30. All 15 of the government-appointed members of parliament supported the bill, as did 15 elected members, but two elected supporters of women's rights abstained. All 32 votes against the bill came from elected members. The National Assembly did not pass legislation giving Kuwaiti women the right to vote until May 16, 2005; women were able to vote for the first time in 2007.Following the coverage in the Western media, a reader would find herself confined to a single narrative about Kuwaiti women's oppression at the hands of Kuwaiti men and the conflict between traditional Islamic values and modern liberal values. But in the Kuwaiti context, the issue of women's political rights is part of a broad system of contestation that marks struggles over the consolidation and increasing strength of democratic institutions. This decades-old policy controversy is not merely an interesting footnote to the story of women's rights in the region; rather, it helps to demonstrate important tensions in the relationship between democratic institution-building, women's rights, and the multiplicity of actors involved in both processes.In this article, I use the example of the 1999 failed enfranchisement to explain the way that these tensions are constitutive of the politics of democratization in Kuwait. I begin by exploring the two elements of democratization I am discussing here: open contestation and full participation. …

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