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POLIGAMI DI INDONESIA DAN TUNISIA: STUDI KOMPARASI ATURAN HUKUM
In general, regulations on polygamy in Muslim-majority countries can be categorized into two forms. The first category consists of countries that adopt the principle of monogamy while still allowing polygamy under certain conditions, such as Egypt, Syria, Somalia, Malaysia, and Indonesia. The second category consists of countries that prohibit polygamy altogether, including Pakistan, Turkey, and Tunisia. This study focuses on the laws of polygamy in Indonesia and Tunisia. Indonesia represents a country that permits polygamy with restrictions, as regulated under Law No. 1 of 1974, whereas Tunisia represents a country that strictly prohibits polygamy under its Code of Personal Status. This research employs a normative legal method through a literature review (library research), utilizing both statutory and comparative approaches. The statutory approach is intended to understand the concept of polygamy in Indonesia and Tunisia by analyzing legal provisions governing polygamy. Meanwhile, the comparative approach examines the strengths and weaknesses of the two different legal systems. The findings reveal that variations in polygamy regulations between Indonesia and Tunisia are shaped by historical backgrounds, socio-political conditions, and the role of political leaders in family law legislation. In Indonesia, the implications of polygamy include social consequences such as the prevalence of unregistered marriages (nikah siri) due to strict procedural requirements, which deprive second or third wives of legal recognition and protection. Economically, polygamy increases the financial burden on husbands, often forcing wives to work and exposing families to consumer debt. Psychologically, it fosters emotional rivalry among wives, creates mental stress, and negatively affects children.In contrast, Tunisia’s monogamy system leads to a rise in single women, declining marriage and birth rates, as well as the occurrence of unregistered marriages and extramarital affairs. Economically, this system reinforces the husband’s dominance as the primary provider while restricting women’s financial autonomy. Psychologically, women are pressured to bear children—particularly sons—and in cases of infertility, they are vulnerable to stigma, depression, and trauma, reinforced by entrenched patriarchal norms
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)