The purpose of this article is to explore and analyze the legal basis for polygamy in
both Islamic law and positive law in Indonesia. Polygamy refers to a man having multiple
wives at the same time. In Islamic law, polygamy is permissible under certain conditions
as stated in the Qur’an, specifically if the husband can treat all wives fairly.
The research aims to examine the perspective of polygamy in both Islamic law and
Indonesian positive law. The method used in this research is a normative juridical
approach with a descriptive research approach. Data obtained will be systematically
organized for further qualitative analysis. The research findings indicate that the
regulation of polygamy in positive law makes it challenging for husbands to practice
polygamy, whereas Islamic law does not impose excessive obstacles. The conditions
for the permissibility of polygamy according to Law Number 1 of 1974 are outlined in
Article 4 paragraph (2) and Article 5 paragraph (1). The legal basis for granting polygamy
permits is formally stipulated in Law Number 1 of 1974 concerning marriage, Article 3
paragraph (2) alongside Article 43 PP. 9 of 1975, and Presidential Instruction Number 1
of 1991 on KHI Article 56 paragraph (3).
It is essential for these two laws to be in harmony with each other to avoid conflicts
and problems, especially in the context of marriage, particularly concerning polygamy