Prohibition on Female Civil Servants' Polygamy Perspective of Maqāṣid Al-Syarī'ah

Abstract

This research examines three main issues: (1) polygamy from the perspective of Islamic law and national legislation, (2) the legal construction behind the prohibition of polygamy among female civil servants in Indonesia, and (3) the maqāṣid al-syarī‘ah (objectives of Islamic law) perspective on this prohibition. Using library research within the normative legal framework, this study analyzes laws, regulations, court decisions, and relevant literature through a qualitative analysis approach. The findings show that, first, Islamic law allows polygamy under strict conditions to ensure justice and fairness. This principle is reflected in Indonesia’s Marriage Law and the Compilation of Islamic Law, both of which permit polygamy but with rigorous requirements. Second, Government Regulation No. 10 of 1990, which amends Regulation No. 10 of 1983, explicitly prohibits female civil servants from being second, third, or fourth wives to civil servants. This restriction contradicts Islamic law, the Marriage Law, and the Compilation of Islamic Law, as it is discriminatory and creates legal uncertainty, leading to issues such as unregistered marriages and the neglect of women’s and children’s rights. Third, from the maqāṣid al-syarī‘ah perspective, this prohibition conflicts with the five essential objectives: ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (life), ḥifẓ al-‘aql (intellect), ḥifẓ al-nasl (lineage), and ḥifẓ al-māl (property). The policy causes more harm than benefit and fails to uphold justice or protect women’s dignity. Consequently, Government Regulation No. 45 of 1990 should be revised, and future legislation should integrate maqāṣid al-syarī‘ah principles as a foundation for legal evaluation and reform in Indonesia.