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All Journal DE JURE ISLAMICA: Jurnal Studi Keislaman
Abdul Helim
Institut Agama Islam Negeri Palangka Raya
Religion Education Law, Crime, Criminology & Criminal Justice

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Poligami Perspektif Ulama Banjar Abdul Helim
Islamica: Jurnal Studi Keislaman Vol. 12 No. 1 (2017): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.964 KB) | DOI: 10.15642/islamica.2018.12.2.176-205

Abstract

This article attempts to discuss the views of Banjarese ‘ulama and the legal method used in responding to the issue of polygamy. The Banjarese ulama interviewed are nine. This study reveals the existence of different opinions among the Banjarese ulama. There are many ulama who accept polygamy, the minority being not too rigid in terms of conditions for polygamy, while the majority emphasize rigid conditions. However, there are ulama who reject polygamy due to various considerations and recent conditions. The desire to polygamy can be tolerated, but the conditions are required. The difference of opinions between the Banjarese ulama cannot be separated from the method of Islamic law used in understanding this phenomenon. If related to uṣūl al-fiqh, most views of the Banjarese ulama with regard to polygamy can be concludedas using the method of istiḥsān and dharī‘ah.
Cumulative Versus Alternative Conditions: A Study of Polygyny Permits in Indonesia From the Perspective of the Legal Certainty Principle Abdul Helim; Aris Sunandar Suradilaga; Wafit Syuja' Vennovary Benevolent; Rabiatul Adawiyah
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.15384

Abstract

This paper aims to examine the conflict of authority between the alternative and the cumulative conditions stipulated in Law Number 1 of 1974 concerning Marriage, especially under the polygyny permit section. In this normative study, the problem is focused on the alternative conditions that determine the cumulative conditions and the analysis took into account the critical legal studies and adz-Dzari’ah theories, revealing that the alternative conditions are not appropriate to be determinant that allows polygyny to take place. Instead, these conditions are supposed to be additional or optional. Conversely, the more appropriate condition as the polygyny permit determinant is cumulative. Similarly, in the analysis of the adz-Dzari’ah theory, when the alternative condition is the determinant, it will bring harm instead, meaning that it is included in the category sadd adz-Dzari’ah (prohibited or even forbidden). It is advisable to make the cumulative conditions the determinant of polygyny permits because it carries more benefits that allow for easier polygyny as it is included in the category fath adz-Dzari'ah. If there are requirements, they are still within reasonable limits that can be pursued. In addition, polygynous marriage can be performed before the Marriage Registrar witnessed by the first wife.
Co-Authors Aris Sunandar Suradilaga Rabiatul Adawiyah Wafit Syuja' Vennovary Benevolent