An Analysis of Factors Causing the Rejection of Polygamy Permits in Indonesia According to the Shafi'i School of Thought

Abstract

Polygamy is a crucial issue in Islamic family law that continues to generate debate, both from the perspectives of Islamic law and Indonesian positive law. Law Number 1 of 1974 concerning Marriage permits polygamy under certain conditions and requires permission from the Religious Court. However, in the practice of religious courts, not all applications for polygamy permits are granted. This study aims to analyze the factors underlying the rejection of applications for polygamy permits in the practice of religious courts in Indonesia and to examine them from the perspective of the Shafi'i School of Law. This research employs a qualitative method with a normative juridical approach through case studies of several Religious Court decisions, namely Decision Number 3681/Pdt.G/2024/PA.Jr, Decision Number 351/Pdt.G/2024/PA.Sda, and Decision Number 3527/Pdt.G/2022/PA.Sby. Data were obtained through documentation studies of court decisions, Shafi'i jurisprudential literature, as well as journals and previous studies. The results of the study indicate that the rejection of applications for polygamy permits is generally caused by several main factors, namely the applicant's inability to treat wives justly, the absence of legally and religiously justified grounds, the absence of the first wife's consent, which may potentially cause harm to the marital household, and the applicant's financial inability. From the perspective of the Shafi'i School of Law, polygamy is not an absolute right but rather a rukhsah (legal concession) that may only be exercised when the requirements of justice and ability are fulfilled, as stated in the Qur'an: فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً (Qur'an, An-Nisa': 3). Thus, the judges' considerations in rejecting applications for polygamy permits are consistent with the principle of justice and the principle of preventing harm in Islamic law.