Dampak Poligami Terhadap Kehidupan Perkawinan pada Masyarakat Muslim

Abstract

Polygamy was not a new issue in the society. In every phase and time of human history, polygamy has become a condition that always accompanies the growth and development of a society. Before Islam comes, polygamy was also well known and becomes one of the human cultures around the world, in the West or in the East. Islam was not the one who introduce the polygamy system but in order to regulate, idealized, humanized and to assimilates the polygamy system, from the unlimited polygamy to limited it into women, where women was considered as properties and did not had any equality to the men, towards a higher and more humanized place. In Indonesia, polygamy was not a new issue since it was also known in the adat society before the religion was known, weather it was Islam or Christian. The impact of Islamic law in the Indonesian polygamy was more in order to repair and to regulate. In Christian, the impact was more severe where its prohibits its followers to polygamy. Nowadays the implementation of Law no. 1 of 1974 and KHI had also regulated the polygamy in the society. But in the society there are many infringement, in this case it has created many problems such as first the reason to do polygamy in the society, secondly in connections to the polygamy in the society, weather it was in accordance or not to the rules set up in Law No.1 of 1974 and thirdly in accordance to the impact of the polygamy marriage to the rights and duty of the man and his spouses, towards the children and also its inheritance. Inacordance to the problems that had been previously laid, the research in this thesis is a siciolegal research, with the juridical empiric approach. The research chose 4 (four) area as a location, that is Medan, Binjai, Langkat, and Deli Serdang, with many reasons and criteria to choose the locations. The data were primary data with the field research and secondary data, library research. The populations was all Muslim that done polygamy, and to chose the sample, purposive sampling method was used. The research found out that first the reason for the society to do the polygamy has been many changes in the society in accordance to the need and development of the society, second, the polygamy that had happens in the society had validate what had regulate in the Law No.1 /1974 which means there are many polygamy in the society was done unlicensed. Third, there are some positive and negative impacts of the polygamy but the negative impacts were more frequently aroused the positive impact with the connection of the second problem. Therefore the suggestions are first to rearrange the allowance to do polygamy and connect it to the ability to do polygamy, second, to increased the KUA controlling functions, third, to educate the woman that exposed to the negative impact of polygamy about the law and fourth it was necessary to put law sanction to the polygamous the had created the negative impact towards women and children.