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All Journal Jurnal Hukum Acara Perdata ADHAPER Jurnal Hukum Acara Perdata UNES Journal of Swara Justisia
Devianty Fitri
Fakultas Hukum Universitas Andalas
Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal Hukum Acara Perdata

 1 
PENYELESAIAN PERMOHONAN IZIN POLIGAMI DI PENGADILAN AGAMA DALAM KAITANNYA DENGAN KEWENANGAN HAKIM DALAM MENJATUHKAN PUTUSAN Devianty Fitri; Yussy A Mannas
ADHAPER: Jurnal Hukum Acara Perdata Vol 4, No 1 (2018): Januari – Juni 2018
Publisher : Departemen Hukum Perdata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/jhaper.v4i1.61

Abstract

Polygamy is allowed only for those who their law and religion allowing a husband to have more than a wife. Such provision has been stated in general elucidation of Marriage Law at point 4c states that “This Law encourages monogamy. Only if requested by concerned parties, under their law and religion of the concerned parties, which allowing a husband to have more than a wife.” The word “law” in general elucidation of Marriage Law at point 4c refers to the marriage law of the husband. The Judge of Religious Court may have competency to consider any reasons and requirements of request for polygamy. The Judge of Religious Court shall try the case and render its judgment in accordance to the prevailing laws, Al Qur’an, Al Hadits, and the opinion of Islamic scholars. The judgment must have clear and suffi  cient consideration, in which the judge may base its verdict. Article 62(1) of Law No. 7 of 1989 concerning Religious Court provides that all ex parte decisions and judgments rendered by the court shall contain sufficient consideration and refer to certain rules of the prevailing laws both written or unwritten regulation.
Co-Authors Nanda Oetama Oktarina, Neneng Syam, Misnar Ulfanora, Ulfanora Yussy A. Mannas Zahara Zahara