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All Journal Al'Adalah
M. Ali Mubarok
UIN Salatiga
Religion Humanities Education Social Sciences

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GANGGUAN MENTAL ISTRI SEBAGAI ALASAN IZIN POLIGAMI (Tinjauan Hukum Islam atas Putusan Perkara di Pengadilan Agama Magelang No. 11/Pdt.G/2023/PA.Mgl) Shanti Maharanti Rochi; M. Ali Mubarok
Al'Adalah Vol. 26 No. 2 (2023)
Publisher : UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/aladalah.v26i2.352

Abstract

This study discusses the considerations of the judges of the Magelang Religious Court in granting permission for polygamy. In this case, the applicant applied for permission to practice polygamy because his first wife had a mental disorder. This study aims to determine judges' Islamic legal considerations in making decisions. This type of research is library research, using an analytical descriptive approach. The panel of judges, in their decision, apart from being based on the juridical aspect, also referred to the rule of fiqh: "If there are two evils threatening each other, then watch out for the one with the greater evil by carrying out the one with the least evil," then granted the petitioner's request because it was judged that the evil was much smaller than rejecting it. The petitioner's ability to act reasonably towards their wives and children is also considered to have met the requirements for polygamy as emphasized in the Qur’an (surah al-Nisa [4]: 3), so that the granting of permission for polygamy by the panel of judges is following Islamic Law and not against Indonesian Law.
FENOMENA ISTRI BEKERJA PERSPEKTIF HUKUM ISLAM (Studi Kasus di Kabupaten Temanggung) Desi Anggraeni; M. Ali Mubarok
Al'Adalah Vol. 26 No. 2 (2023)
Publisher : UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/aladalah.v26i2.353

Abstract

Wives are often the economic contributors of families, especially those with low income. They are additional income earners for the family. This phenomenon also occurs in Temanggung Regency. They work in various sectors, from the domestic to the public sector, because most men in Temanggung work as farmers and laborers, so their income does not fulfill the family's economic needs. This article examines the phenomenon of working wives in Temanggung Regency from the perspective of Islamic law and Talcott Parson's structural-functionalism theory. In the Qur'an, the husband's responsibility is to complete the family's needs according to his portion of the duties because men have physical advantages over women. Islamic law allows wives to work in Temanggung if they do not neglect their primary duties as homemakers. However, Islam is not permitted if it will cause disharmony in the family. From Parson's perspective, it has been classified that the wife's job is to work at home, and the husband's job is to work outside, so there is no competition in the household. Regardless, working wives in Temanggung help husbands fulfill family needs to overcome dysfunctional household harmony
Co-Authors Desi Anggraeni Shanti Maharanti Rochi