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All Journal Kodifikasia: Jurnal Penelitian Islam Ahkam: Jurnal Hukum Islam Jurnal Ilmiah Al-Syir'ah J-ADIMAS (Jurnal Pengabdian kepada Masyarakat) Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Maliyah : Jurnal Hukum Bisnis Islam Jurnal Penelitian dan Pengabdian Masyarakat Indonesian Journal of Islamic Law (IJIL)
Ashima Faidati
UIN Sayyid Ali Rahmatullah Tulungagung
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Certainty, Justice, and Maqasid al-Shari'ah in Polygamy Permits: A Case Study of Kediri Religious Court Muhammad Solikhudin; Abdelmalek OUICH; Shofwan Al-Jauhari; Ashima Faidati
Indonesian Journal of Islamic Law Vol. 7 No. 2 (2024): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/1xcbasch7

Abstract

 Polygamy has been a problem with pros and cons until now. This also includes permission for polygamy carried out by the husband for reason of high sexual desire or hypersexuality, which causes the husband to take permission for polygamy to the Religious Court. This is what happened in the Kediri Regency Religious Court Number 3826/Pdt.G/2023/PA.Kab.Kdr. This article is library research, qualitative in nature, and uses a conceptual and statutory approach. The results of this research show that the practice of polygamy permit is in accordance with aspects of legal justice, legal certainty and legal benefit. As for maqasid al-shari'ah, if it is related to the case of polygamy permit, it can be understood that, First, legal texts and rules are not separate from their purpose. In Islam, there is a rule that polygamy is limited to four wives, the purpose of which is to worship Allah and form a harmonious family and must fulfill the positive legal aspects, namely permission from the first wife. Second, combine universal principles with arguments used for specific cases. In this case, even though there is a text about polygamy, it still requires permission from the first wife, and is connected to the principle of hifz al-usrah which contains hifz al-din, hifz al-al-'aql, hifz al-nasl, and hifz al-mal. All these principles emphasize the teachings of Islam rahmatan lil 'alamin. Third, achieving benefits and preventing harm. Therefore, polygamy must be accompanied by permission from the first wife to realize the benefits and the building of the family must prioritize the benefits aspect and avoid harm. Fourth, consider the final result. In this case, the implication of the husband's actions, if the impact is that the family structure is not harmonious, it is better for the husband to marry only one wife. So that the goals of marriage can be achieved. This is in accordance with the purposefulness feature conveyed by Jasser Auda.
Co-Authors Abdelmalek OUICH Adilla, Queen Ahmad Zayyadi, Ahmad Al Anam, Muhammad Mufti Gufron, Moh. Islamiyah, Latifatul Mauwd, Mowafg Abrahem Meidina, Ahmad Rezy Muhammad Solikhudin Muhammad Solikhudin, Muhammad Muna, Nailal NUR FAIZAH Nuril Farida Maratus Rikhlatul Ilmiah Rohmawati Rohmawati Shofwan Al-Jauhari Shufyansyah, Ikhdan Gimas Sofuan Jauhari Tika Mardiyah Zain, Muhammad Fuad