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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE
Harahap, Hilal Haitami
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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DIABETES AS A REASON FOR POLYGAMY THROUGH COURT DETERMINATION WITHOUT MEDICAL RECORDS FROM THE KHI PERSPECTIVE (ANALYSIS OF DECISION NUMBER 465/Pdt.G/2023/PA.Pyb). Harahap, Hilal Haitami; Nurasiah, Nurasiah; Harahap, Mhd. Yadi
International Journal of Cultural and Social Science Vol. 6 No. 3 (2025): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v6i3.1119

Abstract

This study aims to determine the legal considerations by the judges of the Panyabungan Religious Court in assessing and deciding cases of polygamy permits submitted based on diabetes reasons. This study uses a research method with a type of library research with a descriptive analytical sesearch nature, and the approach is carried out with a case approach, and uses the decision of the Panyabungan Religious Court judge, especially in the decision of case Number: 465/Pdt.G/2023/PA.Pyb. The sources of legal materials use Primary Legal materials, namely Law No. 1 of 1974 concerning marriage and Secondary Legal materials, namely Legal books including theses, dissertations and articles in Legal journals. The results of this study are that the judge granted the application for permission for polygamy on the grounds of worship and the wife having ahistory of diabetes resulting in less than optimal service to the applicant. So it can be concluded that the reason for diabetes in the perspective of the compilation of IslamicLaw could be valid, but whwn viewed from the perspective of the theory of justice, the court must treating a sick wife has the same right to be protected without reducing her value because of ilness. Then it is expected to provide the gratest benefit to the less fortunate and perhaps more relevantly should be tested whether the reason maintains the wife’s rights, provides benefitsto the wife, for example getting better care or economic security.
Perlindungan Hukum Terhadap Anak Dibawah Umur Pasca Perceraian Perspektif Undang-Undang Perlindungan Anak No 35 Tahun 2014 Harahap, Hilal Haitami; Harahap, Mhd. Yadi
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.12350

Abstract

This scholarly inquiry aims to ascertain the legal status of offspring conceived within matrimonial bonds, as well as the statutory regulations concerning Custody rights post-Divorce. Through the application of normative jurisprudential analysis, the findings indicate that the status of children conceived within such unions holds legal validity and constitutes a significant aspect of the child's welfare. This is stipulated under the provisions of Law Number 1 of 1974, specifically in Chapter IX, Articles 42 to 43. Concerning Child Protection and Custody rights post-Divorce, the law mandates that both parents continue their responsibilities to nurture and educate their offspring, prioritizing the child's best interests. Should conflicts arise over Custody, the judiciary is tasked with resolving these by issuing rulings, as stipulated in Article 41(a) of Law No. 1 of 1974 on Marriage. The legal onus for covering the child's upkeep and educational expenses rests with the father. However, should the father prove incapable of meeting these responsibilities, judicial discretion under Article 41(b) allows for the assignment of these financial obligations to the mother. Additionally, the court holds the authority to mandate financial support from the former husband and may specify the financial duties of the former wife. The research results show that the main aim of Child Protection is to ensure that all children's rights are fulfilled so that they are able to live and develop well, and contribute in accordance with human values and dignity. This includes getting protection against acts of violence and discrimination to achieve the vision of creating a quality, virtuous and prosperous Indonesian generation.
Co-Authors Harahap, Mhd. Yadi Nurasiah Nurasiah