Islamika : Jurnal Ilmu-Ilmu Keislaman
Vol. 26 No. 1 (2026): Islamika: Jurnal Ilmu-Ilmu Keislaman (In Press)

Cerai Gugat Karena Suami Berpoligami (Studi Putusan Pengadilan Agama Samarinda Nomor Perkara 1587/Pdt.G/2024/Pa.Smd)

Niken Nandita Prameswari (Sekolah Tinggi Agama Islam Samarinda)
Lilik Andaryuni (Sekolah Tinggi Agama Islam Samarinda)



Article Info

Publish Date
24 Aug 2026

Abstract

This study examines divorce lawsuits caused by polygamy through a case study of Decision Number 1587/Pdt.G/2024/PA.Smd at the Religious Court of Samarinda. The research aims to analyze the legal status of unregistered polygamous marriages in Islamic law and the judges’ considerations in granting divorce claims related to polygamy. This study employed a descriptive qualitative method using normative and empirical juridical approaches. Data were collected through court decision analysis and interviews with the panel of judge handling the case. The findings indicate that polygamy is permitted in Islamic law provided that the husband is able to act fairly toward his wives. However, unregistered polygamous marriages conducted without the consent of the first wife and without official registration often lead to domestic conflicts, continuous disputes, and suffering for the wife. In Decision Number 1587/Pdt.G/2024/PA.Smd, the judge granted the divorce lawsuit because the husband’s unauthorized polygamy caused ongoing conflicts within the household. Furthermore, this study emphasizes the importance of protecting the rights of wives and children in unregistered marriages despite the absence of formal legal recognition.

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Journal Info

Abbrev

islamika

Publisher

Subject

Arts Humanities Other

Description

Jurnal Islamika: Jurnal Ilmu-ilmu Keislaman (e-ISSN 2502-7565, p-ISSN 1693-8712 is a peer-reviewed (double blind review) journal published by Research and Community Service Office, State Islamic Institute of Kerinci. The goal of this journal is to facilitate scholars, researchers, and teachers for ...