An Analysis of Islamic Law on Polygamy Without Court Permission: Legal, Ethical, and Social Perspectives
Year: 2024
Type: article
Abstract: This research analyzes the practice of polygamy in the context of Islamic law and its regulation under national legal frameworks, focusing specifically on marriages conducted without court permission. Islamic law permits polygamy under strict conditions aimed at ensuring justice and fairness among spouses. However, the requirement of court permission in many countries serves as a legal safeguard to protect the rights of wives and children and to prevent potential abuse. Through qualitative analysis of Islamic legal texts, national regulations, and case studies, this study examines the implications of bypassing court permission on the rights and status of wives and children, as well as the broader impact on justice and gender equity. The findings highlight significant legal and ethical challenges arising from unauthorized polygamous marriages and emphasize the importance of court oversight in upholding Islamic ethical principles and national laws. The study concludes by recommending legal and religious reforms to better align the practice of polygamy with the objectives of justice, equity, and protection of family welfare.
Source: Syariat
DOI: 10.35335/wh2zd103
Authors: Abubaker Chiagozie, Akpofure Akpofure
Institution: Gombe State University
Language: English
Topic: Marriage and Family Dynamics
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410542006