AN ISLAMIC LEGAL REVIEW OF WIVES REQUESTING KHULʿ DUE TO POLYGAMY

Authors

  • St Namirah universitas Muhammadiyah Makassar
  • Erfandi Universitas Muhammadiyah Makassar
  • Risnawati Basri Universitas Muhammadiyah Makassar
  • Lutfia Zahra Arifuddin Universitas Negri Makassar

Abstract

An Islamic Legal Review of Wives Requesting Khulʿ Due to Polygamy. Supervised by Erfandi AM and Risnawati Basri. This study investigates how Islamic law addresses khulʿ in the context of polygamy and examines the rights of wives and the kids following a court’s decree of khulʿ. The research adopts a normative legal method, or library research, by analyzing literature and documentary sources. The data consist of secondary materials, including primary legal texts such as fiqh literature; secondary materials such as hadith compilations, legal books, journals, and scholarly articles; and tertiary references such as dictionaries, encyclopedias, and websites. The findings indicate differing scholarly perspectives on wives requesting khulʿ due to polygamy. Imam Abu Hanifah argues that a wife should not base her request solely on dislike, whether toward her husband’s conduct or personal traits, but should also consider the positive qualities within the marriage. Conversely, the Maliki school permits khulʿ when marital disputes risk causing harm or neglect of divine obligations, thereby justifying dissolution. The Shafi’i school also allows khulʿ, provided both spouses mutually consent. Regarding post-divorce rights, wives are entitled to nafkah madhiyah (past maintenance) and nafkah iddah (maintenance during the waiting period). The kids retain the right to financial support, which remains the father’s responsibility until they reach maturity and independence. Judges hold a critical role in safeguarding these rights by ensuring that both wives and the kids are adequately protected following khulʿ. This study highlights the diversity of juristic opinions on khulʿ in polygamous contexts and underscores the judiciary’s essential function in upholding justice for women and the kids in post-divorce arrangements.

 

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Published

2025-10-14

How to Cite

AN ISLAMIC LEGAL REVIEW OF WIVES REQUESTING KHULʿ DUE TO POLYGAMY. (2025). Indonesian Journal of Matrimonial and Family Law, 1(1). https://journal.unismuh.ac.id/index.php/ijmfl/article/view/19639