The Different Interpretations of Ayat on Polygamy and the Discourse on the Law of Limiting Polygamy Practice in the Muslim Societies

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Zanariah Noor
Husna Husain
Wahyu Hidayat Abdullah

Abstract

The Quran is the most important reference in determining Islamic rules as well as legislating the Islamic family law. A different interpretation of the Quranic texts and understanding of the prophetic sayings on polygamy among jurists and authorities from Muslim societies had effected the different provisions of the laws of polygamy. The understanding that polygamy is man's right is the reason that there is no legal limitation on the practices of polygamy and it was considered as religious obligations of a man to treat his wives fairly. On the other hand, the understanding that the authorities have rights, within the framework of judicious policy to administer polygamous practices, had implemented the laws of polygamy to protect public interest. The laws that control polygamous practices are implemented either by providing requirements that need to be fulfilled by the husband, or by absolute prohibition. This study aims at assessing different views by early jurists and contemporary Islamic scholars on matters pertaining polygamy and its laws that are implemented in the Muslim societies. This study by following Content Analysis Method found that different implementations of the laws of polygamy in the Muslim societies are due to the different approaches of interpreting the Quranic texts as well as the different understanding of the concept of polygamy and fair treatment in polygamous practices among the jurists and authorities.

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Section
Research Article (Malay)