USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 3 (2026): July

DISPARITAS PUTUSAN TENTANG IZIN POLIGAMI ANALISIS PERBANDINGAN PUTUSAN HORIZONTAL DI PENGADILAN AGAMA BANDUNG

Elfiana Fitri Wardani (Universitas Islam Negri Gunung Djati Bandung)
Lena Ishelmiany Ziaharah (Universitas Islam Negri Gunung Djati Bandung)
Riyan Ramdani (Universitas Islam Negri Gunung Djati Bandung)



Article Info

Publish Date
02 Jul 2026

Abstract

This study is motivated by the existence of judicial disparity in polygamy permit cases, particularly in Decision Number 3107/Pdt.G/2025/PA.Badg and Decision Number 3144/Pdt.G/2025/PA.Badg, despite having relatively similar grounds for application. This research aims to analyze the judges’ legal reasoning in both decisions, identify the juridical factors causing the disparity, and examine them from the perspective of Islamic family law and Indonesian positive law. The method used is normative legal research with a qualitative approach he method used is normative legal research with a qualitative approach using the analysis of primary and secondary legal materials. The results show that the disparity is caused by differences in the interpretation of Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974, differences in the position of the Compilation of Islamic Law in judicial reasoning, and the absence of clear guidelines regarding the recognition of reasons beyond normative provisions. The first decision applies a limitative approach, resulting in the application being declared inadmissible, while the second decision adopts a non-limitative approach by considering public interest (maslahah) and the prevention of adultery, leading to the approval of the application. This disparity reflects the tension between normative and contextual approaches in religious court practices, which ultimately affects legal certainty and consistency in judicial decisions.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...