The Dilemma Of Polygamy In Al-Maqashid Syari'ah & Human Rights Perspective

Abstract

Polygamy has always been a dilemma from time to time. The legalization of polygamy with religious arguments as well as the prevailing laws and regulations makes some parties feel dissatisfied. So far, in the eyes of society, polygamy is considered as discrimination against women. This study aims to determine and analyze how the position of polygamy. Both from the point of view of the Syari’ah, namely using the theory of Maqashid Syari’ah (The Purpose of the Syari’ah) and also from the point of view of Human Rights itself. This study uses a literature review with a qualitative method. While the data is presented in a descriptive-analysis. Therefore, the result of this paper, that polygamy is not a solution anymore. Because at this time, some of the reasons that are the basis for allowing polygamy can be overcome with technological advances.