Izin Istri Non-ASN dalam Poligami Perspektif Maqasid al-Shari’ah Imam al-Shatibi

Abstract

Wives’ consent to polygamy raises important questions concerning marriage law and the protection of women and children, particularly among non-ASN communities without the hierarchical oversight mechanisms applicable to civil servants. This article addresses the concept and legal procedures of wives’ consent under Islamic and Indonesian positive law, its role in legal protection, and its relevance to Imam al-Shatibi’s maqasid al-shari’ah. The research employs a normative legal method, library research, and descriptive-analytical analysis. The materials include the Qur’an, hadith, al-Muwafaqat, marriage legislation, the Compilation of Islamic Law, and relevant Islamic family law literature. The analysis indicates that classical Islamic jurisprudence does not establish wives’ consent as a condition for the validity of polygamy, while emphasizing justice and the husband’s ability to fulfill family responsibilities. Indonesian positive law, however, incorporates the wife’s consent into the procedure for obtaining polygamy permission through the Religious Court. Within the framework of maqasid al-shari’ah, consent is associated with the protection of lineage, property, life, and dignity. Its assessment therefore requires consideration of freedom of will, financial capacity, children’s welfare, and potential harm to the family. Substantive legal protection is essential to ensure that wives’ consent extends beyond procedural compliance and serves the welfare of the family.