COMPARISON BETWEEN DOUBLE MOVEMENT THEORY AND NAZARIYYAT AL-ḤUDŪD THEORY ON POLYGAMY LAWS

The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion, under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible based on the text of paragraph 3 of surah al-Nisa. The verse is a source of polemic interpretation, by both classical and contemporary scholars on answering the question of whether polygamy practice is permissible or not. This paper focused on two contemporary scholars, namely Fazlur Rahman and Muhammad Syahrur. They have their views on the polygamy law. This research was normative legal research, using the approach of ushul fiqh and comparative law. The study indicates that Fazlur Rahman, with double movement theory, interprets fairness as a condition for the permissibility of polygamy with love and not material things, such as fairness in physical services. Meanwhile, Muhammad Syahrur, with his boundary theory ( nazariyyat al-ḥudūd ), interprets fairness as one's ability and obligation to look after, protect and raise orphans from polygamous widows. Apart from that, Syahrur also stated that the widow of being married in polygamy was a widow whose husband had died. The two theories have contributed new colors and the interpretation of Islamic law.


Introduction
The issue of polygamy is one of the issues in Islamic family law which still become a hot, interesting, and updated debated topic to be studied, either in the view of state law or a theme for discussion under the different interpretations in understanding the verses of the Qur'an. The theme of polygamy has been discussed by scholars in the books of fiqh and their interpretations. But, their views that have developed so far tend to reinforce the opinion that polygamy is permissible (ta'adud al-zaujat) 1 based on the text of verse 3 of surah al- Nisa. 2 This verse becomes the fundamental basis as well as the reason for the scholars in justifying whether polygamy is permissible or not. From the verse, the law on polygamy is permissible but conditional. 3 According to Ibn Kathir, 4 Ibn Asyur, 5 and Al-Maraghi 6 stated that fair, in the verse of al-Nisa, is fair in terms of serving the wife such as clothing, place, turn, and other things that are outward. 7 Meanwhile, in terms 1 Nasaruddin Umar, Fikih Wanita Untuk Semua (Jakarta: Serambi Ilmu Semesta, 2010).
2 "If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice-two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice." of inner or spiritual, such as love and affection, is difficult for them to reach the fair.
This statement is confirmed in the word of Allah sura al-Nisa ' verse 129. 8 Different from the interpretation of these scholars, Fazlur Rahman and Muhammad Syahrur have different views in affirming their own opinions and methods or theories in understanding the problem of polygamy. Fazlur Rahman, for example, uses the theory of double movement in analyzing the law of polygamy. While Syahrur uses the theory of Nazariyyat al-ḥudūd, known as the boundary theory. These two theories are interesting to study and then use as an analytical tool in studying the illah, permissible or not to practice polygamy, especially in today's contemporary era.
Many previous studies have discussed the thoughts of the two figures. For example, N. Nafisatur Rofiah,9 Zunly Nadia,10 and Fahmi Ulyati 11 studied the thought of Fazlur Rahman. While the thought of Muhammad Syahrur was studied by Muhammad Husnul,12 Yassirly Amrona Rosyada,13 and Mushlihin. 14 However, there is still no found comparison between the two ideas about polygamy in this contemporary era. Then, this study aimed to analyze the comparative law of polygamy according to the Double Movement theory and the nazariyyat al-ḥudūd theory.

Method
This research was normative legal research, 15 using the approach of ushul fiqh 16 approach and comparative law. 17 Data is collected from primary, secondary, and tertiary 8 "You will never be able to maintain ˹emotional˺ justice between your wives-no matter how keen you are. So do not totally incline towards one leaving the other in suspense. Among the ideas and thoughts being debated by the three conflicting groups is the form of the State of Pakistan after its independence from India. The modernist group formulates the concept of Islamic statehood within the frame of modern ideological terms. The traditionalist group proposes a state concept in the frame of traditional Islamic political theories (caliph and Imamah). Meanwhile, the fundamentalist group proposes a state concept of "God's kingdom." 19 This debate continues to produce a constitution with amendments. Amid this social phenomenon, Rahman later put forward his neo-modernist ideas.
Rahman was born and raised in a family that is very concerned about education.
His father, Maulana Syihab al-Din, was a traditional scholar who adhered to the Hanafi school of thought, a Sunni school of thought that was seen as more rational than other schools of thought (Maliki, Shafi'i, and Hanbali Seeing the slow and low quality of education in India at that time, Rahman decided to continue studying in England. Rahman's decision to study in England -by looking at the social setting of society at that time-was considered very brave because people who studied in the West were assumed to already be influenced by the Western system which was contrary to Islam's "infidel". If successful in graduation, it will be difficult to be accepted in society. They sometimes experience oppression. This community's opinion did not prevent Rahman from continuing his studies in a country that was claimed to be "infidel" by traditionalist and fundamentalist groups.  Departing from the criticism that he raised, he then answered himself by offering a method of interpreting the Quran with an ethical vision, by prioritizing the weltanschauung al-Qur'an. With this method, he is very interested in building awareness in the Islamic world for its historical responsibility with a solid moral foundation referring to the Qoran as the most perfect source of moral teachings that must be understood as complete and coherent. This complete and coherent understanding must be done through a method that can be accounted for religiously and scientifically. According to Rahman, without an accurate and correct method, an understanding of the Qur'an may be misleading, especially when learning in a partial and atomistic way. The method is known as the double movement method of interpretation.

Operational Theory of Double Movement
The double movement interpretation mechanism proposed by Fazlur Rahman in interpreting the Qur'an is divided into two movements. The first movement, this process or method consists of two steps. The first step, when an interpreter will solve problems that arise from the current situation, the interpreter should understand the meaning of a verse by studying historical situations or problems where the verse of the Quran is the answer. Of course, before examining the specific verses in their specific situations boundaries, a study of the macro situation within the boundaries of society, religion and customs, institutions, even regarding life in Arabia without ruling out the ward of Persian-Byzantium.
The second step is to generalize those specific answers and state them as statements that have general moral-social goals, which are filtered from these specific verses in the boundaries of the historical and rational-legislative backgrounds that are often stated. In this process, attention must be led to the teachings of the Qur'an as a complete so that every particular meaning is understood, every law stated, and every goal formulated is coherent with the others as the teachings of the Qur'an contain no contradictions but are coherent, cohesive, and consistent.
The second movement is the general teachings are embodied in a concrete sociohistorical context at present. Again, this movement requires a careful study of the current situation and an analysis of its various component elements so that we can assess the current situation and change the current conditions as needed and determine new priorities to implement the values of the Quran in a new way. 27 Thus, the methodology introduced by Rahman is a method of thinking that is reflective, moving back and forth between deduction and induction reciprocally. This kind of methodology will bring the implication that there is nothing eternal in the meaning of God's law as it is understood by humans. There are only moral principles that exist and are eternal. Thus, the law of cutting hands, for example, is only a model of punishment that is deduced from moral principles, as well as other laws, such as the one hundred times binding punishment for adulterers ghair muhshan (not married), and so on.
If Rahman's theory of double movement is examined, it seems that he is trying to dialectic text, author, and reader. As an author, Rahman does not force the text to speak according to the author's wishes, but rather allows the text to speak for itself.
Rahman examines the historicity of the text to invite the text to speak. Here, historicity means asbab al-nuzul as understood by conventional scholars, namely the event or reason for the Qur'an to be revealed. But, he defines it broader, that is the social setting of Arab society where the Qur'an was revealed or more precisely called qira'ah ta'rikhiyyah.
The purpose of examining the history of texts is to look for universal values.
Rahman's language calls them moral ideals because moral ideals apply throughout time and do not change. In this case, Rahman distinguishes between moral ideals and specific legal. The moral ideal is the basic moral goal ordered by the Qur'an.
Meanwhile, specific legal provisions apply specifically. Moral ideals are more applicable than specific legal provisions. Because moral ideals are universal. The Qur'an is seen as elastic and flexible. While specific legal is more particular.
Besides that, according to Birt as quoted by Abd A'la, Rahman's historicism consists of three interconnected stages. First, an understanding of the historical process in which Islam took the shape. Second, an analysis of the process to distinguish its essential principles from the particular formations of Muslims as a result of their 27 Rahman. specific needs. Third, consideration of the best way to apply these essential principles. 28 In the process of applying moral ideas as an author, Rahman also considers the presence of readers who are covered by various regulations and backgrounds, such as hands is the reward. Those who kill are killed, and those who commit adultery are whipped or stoned. All of these legal boundaries are believed to be from Allah SWT.
Syahrur quoted the story of the prophet Yusuf who was sentenced to prison because he was accused of making a mistake. Prison laws are not established as a legal boundary that comes from God as it is not absolute. It was as if this boundary was left open so that each legal expert could determine the form of punishment for the guilty.
On the other hand, imprisonment is an insult to the dignity of humans who naturally have freedom.
Of these two things, Syahrur interpreted that the death penalty and the cutting of hands were the highest boundaries of the law. These boundaries are only enforced in certain situations and conditions because have a tremendous social impact. The flogging punishment seems to be lighter than a prison sentence as prison has limited the freedom that is human nature. 44 There are at least six boundary theories developed by Syahrur. They are minimum boundaries, maximum boundaries, minimum and maximum boundaries at once, minimum and maximum boundaries at the same time but in one coordinate point, maximum boundaries with one point that tends to approach a straight line but does not touch, maximum boundaries positive boundaries that cannot be exceeded, and the minimum negative boundaries that can be exceeded. The six boundary theories are presented in the following table: 45 The punishment for thieves cannot be made worse than cutting hands, but ijtihad allows giving relief according to conditions. Death penalty for murderers (al-Isra': 33) 3 The maximum and minimum boundary The maximum and minimum boundaries have been set, and ijtihad is between them Inheritanc e (al-Nisa> ': 11) The maximum boundary for men is twice that of women. The minimum boundary of women is half (½) that of men. Ijtihad moves between the two boundaries (had), considering, the circumstances and involvement of the role of women 4 The maximum and minimum boundary are at the same point.
The provisions for the maximum boundary become the minimum boundary so that ijtihad is not possible to take a heavier or lighter law.
Perzinaan (an-Nur: 2) Fornicati on (an-Nur: 2) The punishment of fornication in al-Qur'an is maximum and minimum boundary because that verse contains the word 'ra'fah' which means 'no relief'. The ijtihad room only applies to witnesses, not punishment. 5 The maximum boundary with one point approachin g a straight line without The maximum boundary has been determined by the Qur'an. But, the law cannot be applied because there is no touch with the minimum boundary.

The relationsh ip between men and women
The maximum boundary is adultery or fornication, but if a man and a woman have a relationship that is not within the limits of adultery, then the law of adultery cannot be applied touching 6 The positive maximum boundary may not be exceeded and the negative minimum boundary may be exceeded.
The maximum boundary that may be set cannot be exceeded while the negative minimum boundary can be exceeded.

Use
of assets or wealth.
The maximum boundary that may not be exceeded is usury (riba), and the minimum boundary that may be exceeded is zakat (zakat as a boundary negative because it is the minimum boundary of assets that must be issued). And, Zakat can be exceeded by alms (sedekah or charity). In this case, there is permissible usury, namely usury that does not exceed the had (buying and selling).

Comparison between Double Movement Theory and Nazariyyat Al-Ḥudūd Theory on Polygamy Laws
Apart from the crimes of theft and murder, the theory of Nazariyyat al-ḥudūd can also be applied to cases of polygamy. Syahrur uses this boundary theory as an approach to interpreting polygamy verses.
If you fear you might fail to give orphan women their ˹due˺ rights ˹if you were to marry them˺, then marry other women of your choice-two, three, or four. But if you are afraid you will fail to maintain justice, then ˹content yourselves with˺ one or those ˹bondwomen˺ in your possession. This way you are less likely to commit injustice." 46 Syahrur interprets the verse as a continuation of the two previous verses. The after, care for and support orphans and widows. Also, he believes Polygamy is a recommendation that is daruri.
For polygamy practice, Syahrur provides several conditions that must be met.
First, quantitative requirements. This requirement is a limit on the number of women who may be polygamous. Syahrur argues the lowest boundary for the number of women in polygamy is one, and the highest or most is four. The two and three are part of polygamy's steps toward the highest boundary. Basically, the lowest boundary in marriage is one. This statement is emphasized in His words 'fa in khiftum alla ta'dilu'.
The two, three, or four are due to an emergency.
Second, qualitative requirements. This requirement is a form of the quality of people who are polygamous and those who are polygamous. The condition for a polygamous person is to cause worry in himself about his inability to do justice.
However, he will continue to strive to be fair. Someone who wants to be polygamous must determine whether the woman is still a virgin or a widow. If a widow, what caused her widowhood, was it because her husband died or divorced her?
Considering the verse, polygamous women are those who have orphans. The Qur'an uses the word qasata as a sign that, here, the fair conditions are in the form of nurturing, guarding, educating, and raising orphans. When a man marries two, three, or four widows who all have children, this indirectly increases the burden and responsibility of the men toward their children. This is the reason why the Qur'an uses the word 'adala. If a man is unable to bear the burden of an increasingly large and larger family, he should marry only one.
Syahrur emphasized the fair attitude in the verse is only for a man to orphans from his polygamous wives. As for being fair to his wives, it is not obligatory because men will never be able to be fair, as explained in the verse of al-Nisa : 129. 47 They ask you ˹O Prophet˺ regarding women. Say, "It is Allah Who instructs you regarding them. Instruction has ˹already˺ been revealed in the Book concerning the orphan women you deprive of their due rights but still wish to marry, also helpless children, as well as standing up for orphans' rights. And whatever good you do is certainly well known to Allah." 50 The statement, by looking at the asbab al-nuzul, shows that this problem arises in the context of orphaned women. Then, the Qur'an warns that "no matter how they (the trustee) try (want to marry up to four), you, Allah said, will not be able to do fair to these women. 51 Rahman does not agree that fair means equality in outward treatment, such as giving a living, as understood by classical scholars. For Rahman, if the clause has that meaning, then the Quran can not say that a husband cannot be fair to his wife, even though he wants to do. Rahman, highlight this case and states that being fair is interpreted in terms of love, which is supported by other verses, such as al-Rum verse 21 and al-Baqarah verse 187 which clearly shows that husband and wife relationship should be according to the Qur'an, that based on love and compassion. Therefore, when the Qur'an says that it is impossible to be fair between wives, then the holy book clearly states that it is impossible to love more than one wife or woman in the same amount of love. 52 In this case, the clause regarding fair dealing must receive attention and be determined to have more fundamental importance than the specific clause permitting polygamy. The demand to be fair is one of the basic demands of the entire teaching of the Quran. For Rahman, the Qur'an wishes this matter to maximize the happiness of husband and wife. And, a monogamous marriage is ideal to achieve for this purpose.
However, in historical reality, this moral goal had to compromise with the actual conditions of Arab society in the 17th century AD, where polygamy was deeply rooted and firmly rooted so that legally it could not be removed immediately because it might destroy the moral goal itself.

Conclusion
The issue of polygamy is an issue that is always hot and interesting for discussion because the practice of polygamy has long existed, is deeply rooted, and is often practiced in society. Based on the word of Allah, in al-Nisa's verse 3, the scholars understand in general the permissibility of polygamy. However, the permissibility of polygamy is still conditional, and that must be able to act fairly. the meaning of being fair is a part that is being debated by scholars including Fazlur Rahman and Muhammad Syahrur. Rahman with his double movement theory argues that no one can do justice in matters of love as emphasized by verse 129 of surah al-Nisa'. He stressed that the verse's maqoshid leads to the principle of monogamy, not polygamy. Meanwhile, Syahrur understands fairness in a person's ability to be fair not only in terms of giving charity to widows but also to orphans of widowed women who are polygamous, including in terms of looking after, nurturing, and raising them.