A Study of the Concept of Polygamy in Islam and the Legal Systems of Afghanistan, Malaysia, and Turkey

Abstract

Polygamy, defined as the practice of having multiple spouses simultaneously, is theoretically permissible for all Muslims according to jurisprudential texts. Over time, many Islamic nations have either permitted polygamy under stringent regulations or outright banned it. This study aims to comparatively analyze the status of polygamy in Islam and the legal frameworks of Afghanistan, Malaysia, and Turkey. Utilizing library and document research methods, alongside descriptive - analytical and comparative approaches, this research examines the conditions, disparities, and similarities within the legal systems of these countries concerning the implementation of polygamy. The findings reveal that Islam permits polygamy only under the condition of equity. The legal treatment of polygamy varies among Islamic nations; for instance, Afghanistan and Malaysia have legalized polygamy under Islamic law, subject to certain legal stipulations. Notably, Malaysian Islamic Family Law imposes fines and short prison sentences, illustrating a significant contrast in approach compared to Afghanistan. Conversely, Turkey, with its secular legal system, unequivocally prohibits polygamy. Moreover, the differing stances on polygamy acceptance or prohibition among these countries stem primarily from cultural, social, economic, legal, and political factors.