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All Journal International Journal of Health, Economics, and Social Sciences (IJHESS)
Azis Dwi Utomo
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Economics, Econometrics & Finance Public Health Social Sciences

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Permission For Polygamy Because Teaching Islam To Converts From Maslahah Perspective: Study Decision No. 3728/PDT.G/2017/PA.DPK Azis Dwi Utomo; Muh Zaitun Ardi; Nadyatul Hikmah Shuhufi
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 2: April 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i2.4724

Abstract

This article discusses the considerations of the Depok religious court judge in granting permission for polygamy in case No. 3728/Pdt.G/2017/PA.Dpk. In this case, the applicant asked for permission to marry his partner, whom he married in an unregistered marriage in 2014. Previously, in 2003, this couple had been blessed with a child. they face legal problems to obtain their children's birth certificates; and this is one of the reasons the applicant applied for a polygamy permit. Even though this application does not meet the provisions of marriage law in Indonesia regarding the requirements for polygamy (Article 4 paragraph (2) Marriage Law No. 1/1974), the panel of judges in this case still granted permission for polygamy to the applicant. The consideration of the panel of judges was that the permission granted was of greater benefit than complying with the provisions of marriage law: legalizing unregistered marriages and the welfare of the child. This case once again shows that religious court judges are not only fixated on the provisions of positive law in Indonesia but also explore the laws that exist in society, including here the principles of sharia and fiqh.
Co-Authors Muh Zaitun Ardi Nadyatul Hikmah Shuhufi