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STUDI KOMPARATIF UNDANG-UNDANG PERKAWINAN DI INDONESIA DAN TUNISIA TENTANG POLIGAMI
The reform of marriage laws in Muslim countries, especially concerning polygamy, which is essentially permitted in Islam through provisions in the Qur'an and Hadith, continues to attract public attention. The differences in regulations across various Muslim countries raise questions about the conformity of these regulations with the Maqāṣid asy-syarīah. This study aims to analyze the differences in polygamy laws in Muslim countries, considering the approach of ushul fiqh in interpreting the texts of shari'ah as well as the theory of Maqāṣid asy-syarīah in understanding the overall objectives of Islamic law. Furthermore, this study compares countries that prohibit and those that permit polygamy, referring to the principles contained in the Qur'an and Hadith. This research employs a library research method with a juridical-normative approach, focusing on the analysis of positive legal norms. The study uses the theory of maqāṣid al-shari'ah to identify the causes of differences in regulations between the two countries and their impacts, so that they can serve as guidelines for regulating societal life. The ushul fiqh approach is used to explain how the interpretation of polygamy law can vary based on the fundamental principles of fiqh, while the theory of maqāṣid al-shari'ah provides a framework to understand the ultimate goals of shari'ah in the context of the welfare and well-being of humanity. Based on the theory of Maqāṣid asy-syarīah, the research findings indicate that the prohibition of polygamy and the imposition of penalties for violators align with Maqāṣid asy-syarīah, specifically hifz din (protecting religion), as it is believed that no one today can practice polygamy with the concept of justice as Prophet Muhammad SAW did. Meanwhile, Indonesia permits it under certain conditions, which is also in accordance with Maqāṣid asy-syarīah, as it protects religion (hifz din) by maintaining the laws established in the Quran and providing specific conditions to prevent arbitrary practice of polygamy. Although both countries refer to the same sources, they have different legal outcomes due to various historical, cultural, social, and religious factors that influence each country. This also reflects differences in the interpretation of maqāṣid syariah, where each country prioritizes different aspects in achieving the welfare of the people
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)