Punishment for Polygamy Doer in The Perspective of Islamic Law in Indonesia

Abstract

This paper explores the Indonesian regulation on polygamy for government officers. Some regulations have formally issued and amended in terms of issues on polygamy; regulation number 45 in 1990 is specially regulated polygamy doer to get permission for marriage and divorce. Hence, aims of this paper are to find out what punishments are given for civil servants doing polygamy in terms of Indonesian regulation and how the punishments given for civil servants in terms of Islamic Marriage Law/fiqh are. As a library research, the regulation number 45 in 1990 has been used as the data sources besides Holly Qur'an, Hadist, fiqh books and compilation of Islamic Laws. Thus, this research found out that civil servants who broke the polygamy law could be fined by mount of IDR 7500 and some other punishments if his new marriage had no consent from applied rules. Meanwhile, female civil servant whose status was as second, third, or forth wife would be ceased disrespectfully from her position as a civil servant. Secondly, in Islamic law or fiqh, polygamy is obligated to fulfill ascertain requirements. In sum, regulation also prohibited to do polygamy since its negative impacts (mafsadah) are bigger than positive one (mashlahah).