Keadilan Suami Dalam Poligami Analisis Proses Pengambilan Keputusan Perspektif Mazhab Syafi’i Dan Kompilasi Hukum Islam

Abstract

In Islamic teachings, polygamy is permitted under certain conditions, such as the husband's ability to be fair and fulfill the rights of his wives. The author uses library research methods and a qualitative approach in data analysis. From a positive legal perspective, emphasis is placed on the importance of honesty, trust, commitment, and open communication in the husband-wife relationship. Although there are opinions that state that secret polygamy can be a solution in a problematic marriage, this practice remains controversial because it is considered unethical and violates the principles of mutual consent. In Islamic law, polygamy must be based on the permission and approval of the first wife and must meet the requirements of justice. Therefore, polygamy that is carried out without transparency and justice, including secret polygamy, is considered not in accordance with the provisions of sharia. Secret polygamy is a form of marriage in which a man marries another woman secretly, without the knowledge of his first wife. This raises serious questions regarding the protection of the wife's rights. In positive law, secret polygamy is considered a violation of women's rights. The wife's rights in this context include the right to know and consent to the second marriage, the right to determine the conditions of the marriage, and the right to receive fair treatment in terms of maintenance, time, and affection. There are fundamental differences between positive law and Islamic law in responding to unregistered polygamy. Positive law does not recognize the legality of unregistered polygamy and does not provide legal protection to the wife, while Islamic law still recognizes its validity as long as the conditions of sharia are met.