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All Journal MAHAKIM: Journal of Islamic Family Law
Eka N.A.M Sihombing
Universitas Muhammadiyah Sumatera Utara
Social Sciences

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Konstitusionalitas Poligami Dalam Perspektif Hermeneutika Hukum Islam di Indonesia Eka N.A.M Sihombing; Cynthia Hadita Hadita
MAHAKIM Journal of Islamic Family Law Vol 5 No 1 (2021): January 2021
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.088 KB) | DOI: 10.30762/mahakim.v5i1.131

Abstract

The polemic of polygamy that is still being contested in Indonesia needs to be studied from the perspective of hermeneutics of Islamic law, its constitutionality, such as how Pancasila guarantees the practice of polygamy, and also in laws and regulations whose substance also regulates polygamy. The research method used in this study is a normative juridical method with a doctrinal approach. The purpose of this study is to determine the constitutionality of polygamy when examined from the hermeneutic perspective of Islamic law in Indonesia. The results showed that the First Principle of Pancasila, Article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Marriage Law and its implementing regulations, as well as the various views of the schools allow the practice of polygamy in Indonesia.
Co-Authors CYNTHIA HADITA