MAQĀṢID AL-KHALQ PERSPECTIVE ON ḤĪLAH IN POLYGAMY

Abstract

According to Muhammad Abduh, except in emergencies, polygamy means arguing (ḥīlah) in the name of the Sharia, even though the real goal is to satisfy animalistic desires. It shows the subjectivity of human goals (maqāṣid al-khalq), thus encouraging the author to conduct research that applies maqāṣid al-khalq validation steps. This research found that the correlation in allowing polygamy is a means of fulfilling needs (al-ḥājah) that arise from human sexual nature. This correlation is in the medical field, while polygamy is in the field of family law, so it is called foreign conformity (al-munāsib al-gharīb). This conformity can be the goal of humans as long as it does not conflict with the Sharia. Therefore, Islam requires justice so that polygamists do not fall into erotic love. According to Erich Fromm, erotic love is exclusive, and its essence is egoism. For this reason, the judiciary's role is valuable to ensure that people who apply for polygamy permits can do fair. Thus, the permissibility of polygamy by the Sharia does not result in mafsadat that tarnishes the Sharia.