Santoso, Dri and Asnawan, Asnawan (2023) The Phenomenon Of Limitation Of Polygamy In The Perspective Of Islamic Law And National Law In Indonesia. Baltic Journal Of Law & Politics, 16 (3). pp. 770-778. ISSN 2029-0454

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Abstract

Purpose: Polygamy is an inseparable part of human history, has been practiced by most of the nations in the world. In Europe, Asia, Africa. Islam came down at a time when the practice of polygamy had no restrictions and regulations. Theoretical framework: Al-Qur'an Surah An-Nisa 'verse (3) is a form of restriction and regulation of polygamy in Islam. In Indonesia, restrictions and regulations on polygamy are contained in Law Number 1 of 1974 and its implementation. Design/methodology/approach: The method used consists of library research, with approaches: Historical, Philosophical and Juridical Norm and qualitative descriptive data analysis. Findings: This study found that the philosophy of restriction and regulation of polygamy aims to prevent the practice of polygamy carried out at will, which can lead to dire consequences (Sadd Adzari'ah) in the family. Research, Practical & Social implications: This is by the rules of fiqh; preventing harm that may arise takes precedence over taking benefits.

Keywords Philosophical, Restrictions, Polygamy, National Law.

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