Polygamy Under Indonesian Law
The Compilation of Islamic Law (KHI) provides criteria under which polygamy may be permitted, including circumstances where the wife is unable to have children, unable to fulfill marital relations, or suffers from a physical disability or an incurable illness.
Under Article 3 of Law No. 1 of 1974 concerning Marriage, the general principle is that a person has only one spouse. However, the court may grant permission to a husband to have more than one wife where the relevant parties seek such permission and the applicable legal requirements are satisfied.
Polygamy is also addressed within Islamic law. Islam does not completely prohibit polygamy, but permits it subject to certain limitations and conditions, particularly the requirement that a husband act justly toward his wives.
Islamic Basis for Polygamy
Polygamy is addressed in the Qur'an, particularly Surah An-Nisa, verse 3, which permits a man to marry two, three, or four women, provided that he is able to act justly.
The verse also establishes that if a man fears that he will be unable to treat them fairly, he should marry only one.
Accordingly, the permission to practice polygamy in Islamic law is accompanied by conditions and limitations intended to ensure fairness and prevent injustice.
Requirements for a Polygamy Permit
Under Article 5 paragraph (1) of Law No. 1 of 1974 concerning Marriage, a husband seeking permission to enter into a polygamous marriage must fulfill the following requirements:
a. Consent of the existing wife or wives;
b. Assurance that the husband is financially capable of providing for the needs of his wife or wives and their children;
c. Assurance that the husband will treat his wife or wives and their children fairly.
The application for permission to practice polygamy is therefore subject to judicial review and the applicable requirements under Indonesian marriage law.
How Lawyers Can Assist with a Polygamy Permit Application
A lawyer may assist clients in matters concerning applications for permission to practice polygamy, including protecting the legal rights and interests of the parties involved.
Legal Advocacy
Advocating for the legal rights and interests of the wife or wives, including matters concerning the rights of the first and subsequent wives following a polygamous marriage.
Legal Representation
Providing legal assistance and representation to clients throughout proceedings concerning a polygamy permit application and the legal rights of the parties involved.
Legal Research
Conducting legal research and reviewing relevant legislation and legal materials, including the Marriage Law and the Compilation of Islamic Law (KHI).
Preparation of Legal Claims and Documents
Assisting with the preparation of legal documents and claims based on the applicable provisions of the Marriage Law and Compilation of Islamic Law.
Legal Advice
Providing legal advice concerning the rights of the wife or wives and other legal matters arising from a polygamous marriage, within the scope of applicable laws and regulations.
Protection of Legal Rights
Ensuring that the legal rights and interests of the parties are properly addressed in accordance with Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law.
Legal Basis
