Polygamy is a Complicated Issue in Indonesia

Jakarta l Badilag.net

Recently, Indonesia Ulema Council (MUI) has issued a legal opinion (fatwa) on polygamy matters (19/04/2013). This fatwa is closely related to the jurisdiction of religious courts.

The MUI fatwa consists of five articles. First, it is absolutely unlawful for a man to have more than four wives at the same time.

Second, marriages with four women are regarded valid as long as they are performed in accordance with Sharia law. These marriages comply with legal consequences.

If a man then marries other woman as his fifth wife, this marriage is regarded invalid.

Third, the fifth marriage should be terminated because it contradicts with Sharia law.

Fourth, if a man had married more than four women, he has to divorce the fifth wife and so on and he must repent to God. Besides, he must provide cost for maintenance of women and children.

 

. Fifth, if a man is unwilling to divorce the fifth wife, Indonesian government will take an effort to separate the fifth wife from him.

 

In response this urgent issue, the Director General of the Religious Courts, Purwosusilo said that polygamy is one of complicated issues in history of Islamic law.

“We need some experts to solve this problem,” he said.

He also said that justices in the Supreme Court need to get explanation from Indonesia Ulema Council (MUI).

(Rahmat Arijaya)