M.A.

Unlike most of the literature on polygamy, which mainly uses theological and normative approaches, this thesis is a work of social research which explores both Indonesian Muslim discourses on polygamy and women’s lived experiences in polygamous marriages in the post-Soeharto period (after 1998). The thesis discusses the interpretations of the Qur’anic verses which became the root of Muslim controversies over polygamy. Indonesian Muslim interpretations of polygamy can be divided into three groups based on Saeed’s categorisation of the Muslim approaches to the Qur’an (2006b: 3). First, the group he refers to as the ‘Textualists’ believe that polygamy is permitted in Islam, and regard it as a male right. Second, the group he refers to as ‘Semi-textualists’ believe that Islam discourages polygamy and prefers monogamy; therefore, polygamy can only be permitted under certain circumstances such as when a wife is barren, sick and unable to fulfil her duties, including ‘serving’ her husband’s needs. Third, the group he calls ‘Contextualists’ believe that Islam implicitly prohibits polygamy because just treatment of more than one woman, the main requirement for polygamy, is impossible to achieve.

Thesis (M. W. S.), Memorial University of Newfoundland, 1998. / Bibliography: leaves [176]-182.

Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised in patriarchal Muslim societies. The Constitution of the Republic of South Africa Act 108 of 1996 contains numerous provisions aimed at combating gender inequalities, and these could be used to justify the policy of non-recognition. On the other hand, the Constitution has ushered in an era of tolerance and empathy; and the equality and religion clauses could be used to ensure that polygynous marriages are no longer ignored. This study will examine the tensions between Muslim personal law and clauses in the Constitution which have led to calls for the reformation and codification of Muslim personal law. / Private Law / LL. M.

Generally, traditional "marriages" according to Islamic custom are void in South African law because they are potentially polygynous and do not comply with the formalities prescribed by the Marriage Act 25 of 1961 . A valid concern for those who oppose polygyny is that it may enforce and promote gender inequality in that it is practised in patriarchal Muslim societies. The Constitution of the Republic of South Africa Act 108 of 1996 contains numerous provisions aimed at combating gender inequalities, and these could be used to justify the policy of non-recognition. On the other hand, the Constitution has ushered in an era of tolerance and empathy; and the equality and religion clauses could be used to ensure that polygynous marriages are no longer ignored. This study will examine the tensions between Muslim personal law and clauses in the Constitution which have led to calls for the reformation and codification of Muslim personal law. / Private Law / LL. M.