KONSTRUKSI KEADILAN DALAM PRAKTIK POLIGAMI: STUDI KRITIS TERHADAP PUTUSAN IZIN POLIGAMI DI PENGADILAN AGAMA

Abstract

Abstract

The practice of polygamy in the social media era has returned to the public spotlight, especially when public figures or influencers engage in polygamy in ways deemed unfair or demeaning to the wife's dignity, sparking intense debate in the digital space. In Islamic jurisprudence, the primary condition for polygamy is justice; however, the standard of this justice often differs between religious perspectives and the practice of positive law in courts. This study aims to analyze the proof standards of the "fairness requirement" in applications for polygamy permission in Religious Courts, and to examine whether the material and non-material justice criteria applied by judges align with Maqashid Syariah. The method used is normative legal research with a case study approach to Religious Court decisions from 2020-2024. The results indicate a "gap" between the ideal theory of justice and administrative practice. Judges tend to focus the proof on economic capabilities and formal reasons (such as infertility or illness), while neglecting non-material justice aspects (psychological and emotional) which are difficult to prove. This article recommends a reconstruction of more applicable justice parameters, not only based on material aspects but also on the protection of women's dignity (hifz al-irdl).

Keywords: Polygamy; Justice; Religious Court; Social Media; Maqashid Syariah.