TINJAUAN MASLAHAH TERHADAP POLIGAMI DENGAN PERSETUJUAN ISTRI PERTAMA: STUDI PASAL 58 KOMPILASI HUKUM ISLAM

Abstract

Polygamy is a necessity, sometimes not needed. If it is difficult to be fair, it is better not to practice polygamy so that no party is wronged and hurt. Because polygamy is not a necessity. What are the benefits and harms in polygamy? Because in a natural husband and wife relationship, there must be many problems in it, especially in a polygamous relationship in which there are more than two hearts that want to be loved and cared for, which will certainly have its own impact on people who practice polygamy, both positive and negative. Polygamy is regulated in the Compilation of Islamic Law, chapter xiii, having more than one wife, Article 58 concerning: provisions on polygamy with the consent of the first wife in Article 58, review of the benefits of polygamy with the consent of the first wife. This study uses Qualitative research. The data used as research material was obtained from the literature (library research). The data collection technique was carried out by reviewing marriage books and the Compilation of Islamic Law based on primary data, supported by secondary data, namely through books related to this study. The approach in this study uses a normative approach. The collected library research data were analyzed descriptively. The results of the study, first, Article 58 of the Compilation of Islamic Law (KHI) stipulates that a husband who wants to practice polygamy must obtain permission from his wives, either in writing or verbally, in front of a court or judge. This provision aims to protect the rights of wives and ensure that the decision to practice polygamy is taken with mature and fair consideration. Second, in the review of maslahah mursalah, this provision meets the requirements of essential maslahah, is universal, and does not conflict with the text.