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All Journal Aurelia: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia
Pasaribu, Dyna MT
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Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Granting Polygamy Permits in Marriage Based on Islamic Law and Law Number 16 of 2019 Aulya, Fahrysyah; Manurung, Depi Yohana; Tampubolon, Sarah Lestari; Pasaribu, Dyna MT; Halimah, Halimah; Siahaan, Parlaungan Gabriel; Hadiningrum, Sri
AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia Vol 3, No 2 (2024): July 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/aurelia.v3i2.2689

Abstract

This research discusses the analysis of granting permission for polygamy in marriage based on Islamic law and Law Number 16 of 2019 in Indonesia. In Islamic law, polygamy is permitted with a maximum limit of four wives and the main condition is to treat the wives fairly. Meanwhile, the Marriage Law in Indonesia regulates polygamy more strictly by requiring permission from the Religious Court. To obtain permission for polygamy, a husband must fulfill conditions such as the wife's consent, certainty of being able to meet the needs of his wife and children, and a guarantee that he will be treated fairly. Even though it is strictly regulated, there are still pros and cons regarding the permissibility of polygamy, both from a religious and human rights perspective. Some parties consider it discrimination against women and children, while other parties see it as part of religious teachings that must be respected. This research emphasizes the importance of balance in the application of religious law and state law regarding polygamy, as well as protecting the rights of wives and children.
Co-Authors Aulya, Fahrysyah Hadiningrum, Sri Halimah Halimah Manurung, Depi Yohana Siahaan, Parlaungan Gabriel Tampubolon, Sarah Lestari