Evolusi Tafsir Poligami Dan Rekayasa Hukum Keluarga Analisis Komparatif Pemikiran Mufasir Modern Dan Kontemporer

Abstract

This research examines the methodological evolution of polygamy interpretations in modern and contemporary exegesis, specifically focusing on its implications for the reform of Islamic Family Law in Indonesia. Utilizing a qualitative library research method with a comparative hermeneutic, socio-historical, and philosophical-juridical approach, this study analyzes three monumental works: Tafsir Al-Manar by Muhammad Abduh and Rashid Rida, Tafsir Al-Maraghi by Ahmad Mustafa Al-Maraghi, and Tafsir Al-Misbah by M. Quraish Shihab. The findings indicate an epistemological paradigm shift where polygamy is no longer viewed through the lens of formal legal legitimacy but as a tool for social engineering to protect women's dignity. Al-Manar establishes a theological foundation that treats polygamy as an "emergency exit" with nearly impossible justice requirements. Al-Maraghi transforms these ideas into technical-educational strictures, which were later adopted into modern Islamic jurisprudence. Al-Misbah synthesizes these views into an Indonesian moderate framework, emphasizing monogamy as the ideal marital standard. These interpretations have been systematically institutionalized in Law No. 1 of 1974 and the Compilation of Islamic Law (KHI), shifting the polygamy paradigm from a private male right to a public matter requiring judicial oversight. Applying Jasser Auda’s systems theory, this study confirms that Indonesian regulations reflect a purposeful legal system oriented toward substantive justice. This research recommends that the Supreme Court develop standardized technical guidelines that explicitly incorporate substantive justice indicators in polygamy cases.