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http://www.theage.com.au/news/world/jakarta-court-holds-line-on-polygamy/2007/10/03/1191091192300.html


Jakarta court holds line on polygamy
Mark Forbes, Jakarta
October 4, 2007


INDONESIA'S Constitutional Court has criticised polygamy, ruling against 
broadening its legality but leaving untouched the loopholes used by many men.

The court yesterday rejected an application by businessman Muhammad Insa to 
allow poly-gamy to be practised by all. Mr Insa lodged the application after 
being refused permission to take a younger wife, complaining many others had.

The polygamy controversy has divided Indonesia's 200 million Muslims and its 
two main Islamic organisations. Prominent clerics have taken extra wives, but 
women's groups and President Susilo Bambang Yudhoyono have condemned the 
practice.

Although legal, polygamy is supposed to be subject to strict conditions in 
Indonesia, including the approval of existing wives, who must be childless, 
terminally ill or incapable of fulfilling their sexual obligations

Constitutional Court judges, lead by Jimly Ashidiqie, rejected Mr Insa's claim 
that restricting polygamy led to adultery and divorce and led widows to become 
sex workers. Rather, higher rates of polygamy resulted in more divorces, the 
court said.

But the court found that under the existing marital law "the foundation of 
marriage is monogamy and that polygamy is allowed under certain conditions and 
the procedure is not against the Islamic teachings".

The executive director of women's rights group Kalyanamitra, Rena Herdiyani, 
praised the decision, but said the marital law should be scrapped.

"The national court should not recognise polygamy at all," Ms Herdiyani said. 
"Although the majority of Indonesians are Muslim, marital law is for everybody, 
regardless of their religion."

Women were exploited by polygamy and many suffered domestic violence, she said. 
Most cases of polygamy did not meet Islamic requirements and many involved MPs 
or senior officials.

"The fact is most second wives are more beautiful," Ms Herdiyani said. "People 
take religion to justify their personal interests."

Mr Insa said he was disappointed by the verdict, and claimed that under Islam 
there should be no restrictions on polygamy, other than the obligation to tell 
your wife.

With KARUNI ROMPIES

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