Sanksi Adat terhadap Poligami Siri Menurut Prespektif Hukum Pidana Islam

Studi Kasus di Nagari Lawang Kecamatan Matur Kabupaten Agam

Abstract

This study was motivated by the practice of polygamy without legal procedures. This “siri” polygamy is practiced to avoid the complex polygamy authorization procedures stipulated by law, such as the wife’s consent and court approval. Consequently, this leads to uncertainty regarding the legal status of the second wife, as well as limited access for children to civil rights such as birth certificates and recognition of parentage. This study is a field study using a qualitative descriptive approach. Data were collected through observation and interviews with traditional leaders, religious leaders, practitioners, and community members. Data analysis was conducted using descriptive, deductive, and comparative methods. The results indicate that the practice of “siri” polygamy in Nagari Lawang fundamentally takes into account not only religious provisions but also the customary norms and procedures in effect within the community. However, in practice, instances of “siri” polygamy are still carried out without following these customary procedures. For those who fail to comply with customary requirements, the community of Nagari Lawang imposes social and moral sanctions, such as a reprimand from the ninik mamak, a summons to a community meeting, the obligation to apologize to the aggrieved party, and a customary fine in the form of a monetary amount determined by the aggrieved party or the sacrifice of one cow. From the perspective of Islamic criminal law, secret polygamy is not classified as a crime subject to hudud or qishash penalties provided that it fulfills the essential elements and requirements of marriage. However, the practice of secret polygamy that causes harm and violates government regulations may be subject to ta’zir penalties as a means of protecting the public interest.