🧭 Serantau & Timur Tengah · #13
In Indonesia, is the first wife's consent required for polygyny?
In principle yes — the wife's consent is a condition under UU 1/1974 Article 5, but there are exceptions. Consent may be written or oral, and oral consent is affirmed before the court. It is not required if the wife cannot possibly be asked for consent, there has been no news of her for at least two years, or for other reasons assessed by the judge (Article 5 paragraph (2)). KHI Article 59 also allows the Religious Court to grant permission even if the wife refuses, after examining and hearing the wife; the wife may appeal (banding or kasasi). This differs from Malaysia, where the wife's consent is not a legal condition but her views must be stated. See Indonesia.
Sumber
UU No. 1 of 1974, Article 5Kompilasi Hukum Islam, Article 58–59