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Izin Poligami di Pengadilan Agama: (Studi Kasus Putusan PA Samarinda Nomor 2007/Pdt.G/2024/PA.Smd) Suci Nurhidayah; Siti Saadah; Verdiana Dwi Erlyna; Syahrul Adam
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 1 No. 4 (2025): OKTOBER-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/wjc86561

Abstract

This article discusses the implementation of polygamy permits in the Samarinda Religious Court, using a case study of Decision Number 2007/Pdt.G./2024/PA.Smd. Polygamy in Islam is permitted under certain conditions, as long as the husband is able to act fairly, has financial means, and obtains permission from the first wife. This research uses a qualitative, normative method with a library study approach to examine the legal basis, procedures, and judges' considerations in granting permission for polygamy. The results show that the judge in the case granted the applicant's request for permission for polygamy because the legal requirements, both alternative and cumulative, were met, as stipulated in Law Number 1 of 1974 and the Compilation of Islamic Law (KHI). This decision reflects that permission for polygamy is not granted freely, but rather through legal, moral, and social considerations to safeguard the family's well-being and protect the rights of the wife and children.
Hak – Hak Perempuan Dalam Prespektif Gender Dan Keluarga Berencana Khusnul Khotimah; Verdiana Dwi Erlyna; Syahrul Adam
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 1 (2026): JANUARI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/mbmx3188

Abstract

This article discusses gender equality and women's rights from an Islamic perspective. This topic also involves its application in family life and family planning (FP) programs. Patriarchal culture often places women in an unequal position, particularly in household and reproductive matters. However, Islam teaches that men and women have equal status before God. The Prophet Muhammad (peace be upon him) also exemplifies a family relationship characterized by mutual care and support. This research uses a qualitative approach, reviewing various scientific references to analyze how society constructs the roles of men and women, men's involvement in family planning, and Islamic law's perspective on birth control. The results indicate that gender equality must be achieved through a fair division of family tasks, increasing men's participation in family planning, and providing early gender education. Under Islamic law, limiting the number of children (tahdid an-nasl) is not permitted, but regulating the number of children (tanzhim an-nasl) is permitted as long as the goal is to maintain maternal health and family well-being. Therefore, realizing gender equality in family life is an important step in creating healthy, just, and happy families.