The Phenomenon of Polygamy in Southeast Asia (A Comparative Study of Marriage Law in Indonesia, Malaysia, and Brunei Darussalam)

Abstract

One of the family law reforms in Southeast Asian Muslim countries that still raises many pros and cons is the issue of polygamy. The changes in the law in the legislation are seen through the regulations on polygamy, among which are the conditions for polygamy due to the wife's condition which is actually not found explicitly in either the texts or the opinions of traditional fiqh scholars. This study uses a comparative descriptive approach to compare the related laws and regulations in Southeast Asian countries (Indonesia, Malaysia, and Brunei Darussalam). The results of the study show that although the countries of Indonesia, Malaysia, and Brunei Darussalam, with the majority of the population, are Syafi'i madhabs, it turns out that the formation of laws varies widely. Indonesia and Malaysia have tightened the practice of polygyny on conditions based on the wife's condition, with an inability to carry out her obligations, disability, incurable illness, and infertility; with the conditions for the old-age, and serious condition of psychological disorder, for Malaysia.  Meanwhile, Brunei Darussalam is more flexible in terms of polygyny because they do not specifically discuss the issue in their national law.