ANALISIS HAK-HAK PEREMPUAN DALAM PERNIKAHAN POLIGAMI: PERSPEKTIF HUKUM ISLAM DAN HAK ASASI MANUSIA

Abstract

This study aims to analyze women's rights in polygamous marriages from the perspective of Islamic law and human rights. In a socio-religious context, polygamy is often a controversial issue directly related to the principles of justice, gender equality, and the protection of women. This practice is permitted in Islamic teachings with strict conditions, particularly regarding fairness to wives. However, from a human rights perspective, polygamy is often considered a potential violation of women's rights, especially if practiced without consent and equal justice. This study uses a normative juridical method with a conceptual and comparative legal approach, analyzing secondary data from primary sources such as the Quran, Hadith, Law Number 1 of 1974 concerning Marriage, and human rights documents such as the Universal Declaration of Human Rights (UDHR) and CEDAW. The data analysis model used refers to the interactive model of Miles, Huberman, and Saldana, which includes the stages of data condensation, data presentation, and conclusion drawing. The research results show that under Islamic law, women have several rights in polygamous marriages, such as the right to consent, maintenance, fair treatment, housing, and inheritance. However, from a human rights perspective, polygamy is considered problematic if it results in injustice, psychological violence, and discrimination against women. The main difference lies in the framework of justice: Islamic law places justice as an absolute requirement for polygamy, while human rights emphasize the principle of substantive equality, which may not be achieved in the practice of polygamy. Therefore, a gender-based legal and policy approach is needed to ensure the protection and fulfillment of women's rights within the national legal system.

Keywords: Women's Rights, Polygamy, Islamic Law, Human Rights