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All Journal Tabayyun : Journal of Islamic Studies As-Salam: Journal Islamic Social Sciences And Humanities
Fadlan Muhajir
Unknown Affiliation
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Dampak Poligami Tanpa Izin Istri Terhadap Kehidupan Rumah Tangga Ditinjau Menurut Hukum Keluarga Islam Di Indonesia Riyan; Fadlan Muhajir; M Dwika Ardhana; M Afdul Soleh; Wizalkarnaen Hasibuan
Tabayyun : Journal Of Islamic Studies Vol. 2 No. 02 (2024)
Publisher : Tabayyun : Journal Of Islamic Studies

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Abstract

The phenomenon of polygamy without the consent of the previous wife is discussed in this paper, along with its implications for Islamic law. In order to get firsthand information regarding the phenomena of polygamy, this qualitative study interviewed informants with polygamous backgrounds, polygamous individuals, religious leaders, and community leaders. To thoroughly explain and implement a normative sociological approach, the analysis was conducted using a descriptive, qualitative methodology. The findings show that the community is ignorant about the legitimacy of polygamy and a number of important factors that should be taken into account, including how it would affect the family and the children, which could have an effect on the community as a whole. The law of polygamy in Islam states that it is acceptable for the husband to have a strong opinion against it. Nonetheless, given that the KHI's legal provisions prohibited polygamy without the consent of the former wife, this implies that, despite the husband's religious legitimacy, it is illegal under Indonesian administrative law.
Rethinking Indonesia's Legal System Al Habibi, Abdul Zaky; Erva Dyana Puri; Fadlan Muhajir; Nasution, Hadi Pratama; Khairani; Tasya Aulia
Getpress Management Journals Vol 2 No 4 (2024): AS-SALAM: Journal Islamic Social Sciences and Humanities
Publisher : Yayasan Salam Cerdas Al-Fattah

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This research aims to explore the legal system in Indonesia which is formed from various legal sources. The main issues raised are how this diverse legal system can maintain social order and provide legal certainty, as well as how the current positive law (ius constitutum) can adapt to ongoing social changes. This study uses a literature study method with an approach to Indonesian legal history, which traces the development of the legal system from the colonial period to the modern era. Data was obtained from primary and secondary literature, such as laws, books, journal articles, theses, and relevant news. The analysis was carried out with the stages of data triangulation to ensure the accuracy and validity of the research results. The findings of this study show that the legal system in Indonesia is a dynamic and complex system. Positive law has a central role in providing legal certainty, but challenges arise when the applicable law is no longer relevant to the needs of society. Therefore, it is important to carry out adaptive legal reforms, strengthen law enforcement, and increase public legal awareness so that the Indonesian legal system is able to present justice and order in accordance with the times.
Co-Authors Al Habibi, Abdul Zaky Erva Dyana Puri Khairani M Afdul Soleh M Dwika Ardhana Nasution, Hadi Pratama Riyan Tasya Aulia Wizalkarnaen Hasibuan