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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JURIS (Jurnal Ilmiah Syariah)
Firdaus Firdaus
UIN Imam Bonjol Padang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Polygamy Permits for Business Reasons (Analysis of Sawahlunto Religious Court Ruling Number: 045/Pdt.G/2018/PA.SWL) Zainal Azwar; Firdaus Firdaus; Anshari Az Zarqy
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (980.874 KB) | DOI: 10.31958/juris.v20i2.4385

Abstract

Under Law number 1 of 1974 article 4 and article 57 compilation of Islamic law, polygamy can be permitted for several reasons (conditions); The wife does not carry out duties as a wife, there are bodily defects or diseases that cannot be cured, and cannot bear offspring. In contrast, the judge at the Sawahlunto Religious Court granted the polygamy permit application on business grounds. The questions that will be answered in this article are; First, what is the consideration of the Sawahlunto Religious Court judge granting the application for polygamy permit on business grounds? Second, what is the decision of the Sawahlunto Religious Court on polygamy permits on business grounds when viewed from the opinion of jurists? This research is categorized as a field research, used  interview and documentation as the techniques in gathering the data. This paper concludes: first, the consideration in granting the application because there is a written permission given by the wives, the husbands are able to be fair, the permission brings prosperity and benefit to husbands wives and children beside building the houselod integrity and the future of their business. Second, the second Religion Court Decision number 045/Pdt.G/2018/Pa.Swl. The Fiqih Scholars open up the oppertinity of polygamy practice for other reasons that switch to the social context and needs, a fairness as the main requirement.
Wali Muhakkam for Muallaf in Muslim Minority Areas: A Juridical Analysis of the Determination of Itsbat Nikah by Religious Courts Mirwan Mirwan; Firdaus Firdaus; Muchlis bahar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6160

Abstract

An analysis of marriage validation (itsbat nikah) decisions by religious courts concerning the appointment of wali muhakkam for female converts (muallaf) in Muslim minority regions reveals that the process involves complex legal, social, and cultural considerations. These rulings not only focus on the formal legality of the marriage but also take into account the long-term implications for children born of the union and the alignment with the prevailing national legal system. This study aims to describe and analyze judges’ considerations regarding legal facts in the marriage of female converts using wali muhakkam, to explore the legal construction applied by judges in legitimizing the use of wali muhakkam, and to examine the arguments formulated by judges in validating such marriages. This research is categorized as a library study employing a normative juridical method with a statutory approach. Data sources are derived from established legal theories and documented judicial practices. The findings indicate that judges formulate legal arguments based on both Islamic legal principles and national law to validate the marriage of female converts conducted with a wali muhakkam. These rulings reflect the harmonization of religious values and state law, thereby ensuring justice, welfare, and legal certainty for all involved parties.
Co-Authors Anshari Az Zarqy Johan Septian Putra Mirwan Mirwan Muchlis Bahar Reni Saaulia Sulfina Adnis Zainal Azwar