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All Journal ARMADA : Jurnal Penelitian Multidisiplin
Jamiliya Susantin
Faculty of Islamic Studies, Islamic University of Madura, Indonesia
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The Effectiveness of Implementing Article 4 of Law Number 1 of 1974 Concerning Mariage in Polygamy Practices (A Case Study in Tambak Village, Omben District, Sampang Regency) Hendriawan Hendriawan; Jamiliya Susantin; Mojiburrohman; Abd Ghoffar
ARMADA : Jurnal Penelitian Multidisiplin Vol. 4 No. 9 (2026): ARMADA : Jurnal Penelitian Multidisplin, September 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v4i9.3746

Abstract

This study aims to analyse the effectiveness of the implementation of Article 4 of Law Number 1 of 1974 concerning Marriage in polygamy practices from the perspective of Islamic law, with a research focus in Tambak Village, Omben District, Sampang Regency. This research is motivated by the prevalence of unregistered (siri) polygamy practices in Madurese society and the limited compliance with state requirements for obtaining polygamy permission through the Religious Court. The study employed a descriptive qualitative method using an empirical legal research approach. Primary data were collected through in-depth interviews with polygamous practitioners, wives, religious leaders, and community figures, while secondary data were obtained from marriage regulations, the Compilation of Islamic Law, and classical Islamic jurisprudence literature. Data were analysed through interactive stages of data reduction, data presentation, and conclusion drawing. The findings indicate that the implementation of Article 4 in Tambak Village has not been fully effective due to religious interpretations that emphasise textual understanding while neglecting legal registration requirements. Islamic law views state regulation of polygamy as an effort to achieve maslahah mursalah by ensuring justice and legal protection.
The Legal Status of Pauses (Fashl) in Marriage Contracts Among Persons with Disabilities: An Islamic Law Perspective (A Case Study in Larangan Badung Village, Palengaan District, Pamekasan Regency) M Padlanpinem; Jamiliya Susantin
ARMADA : Jurnal Penelitian Multidisiplin Vol. 4 No. 9 (2026): ARMADA : Jurnal Penelitian Multidisplin, September 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v4i9.3747

Abstract

This study aims to analyse the legal status of communication pauses (fashl) during marriage contracts involving persons with disabilities from the perspective of Islamic law, with the research focus in Larangan Badung Village, Palengaan District, Pamekasan Regency. This research is motivated by the normative requirement of immediacy (faur) in Islamic jurisprudence and the occurrence of communication barriers during the ijab and qabul process, which may raise concerns regarding marriage validity. The study employed a descriptive qualitative method using an empirical-juridical and sociological approach. Primary data were collected through in-depth interviews with marriage registrars, religious leaders, families of persons with disabilities, and village officials, while secondary data were obtained from classical Shafi‘i jurisprudence literature, particularly Fathul Mu‘in, and the Compilation of Islamic Law. Data were analysed through interactive stages of data reduction, data presentation, and conclusion drawing. The findings reveal that communication pauses occur due to translation barriers involving sign language and written communication media. Islamic law considers a short pause (fashl yasir) caused by unavoidable obstacles as valid because it does not indicate withdrawal from the contract.
Co-Authors Abd Ghoffar Hendriawan Hendriawan M Padlanpinem Mojiburrohman