KRITIK TERHADAP HUKUMPOLIGAMI DI INDONESIA (TELAAH PASAL 3,4, DAN 5 NO. 1 TAHUN 1974)

Nurhasanah Nurhasanah (Fakultas Syari’ah Dan Ilmu Hukum Universitas Islam Negeri Sultan Syarif Kasim Riau)

Marwah: Jurnal Perempuan, Agama dan Jender
Vol 12, No 2 (2013): Marwah

Law. 1 is considered as the Act of 1974 that is based on Islamic law. One of these is regulated in the Law on polygamy (Article 3.4 and 5). This law is often violated because it is considered contrary to Islamic law. Among the considered contradictory Article is Article 4, paragraph 2 stating that a new husband and wife should implement if polygamy can not fulfill their obligations as wives, physical disability or illness that can not be cured, or can not produce offspring. In addition, weighted with the consent of the applicant polygamy wife/wives, husband certainty capable of guaranteeing the purposes of wives and children, and the husband can guarantee justice to your wives and children. These articles should be revised because it is generally not possible to implement, even though polygamy is permitted by Islamic law.