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1
Bahrum, Mukhtaruddin. "PROBLEMATIKA ISBAT NIKAH POLIGAMI SIRRI." Al-Adalah: Jurnal Hukum dan Politik Islam 4, no. 2 (October 10, 2019): 194–213. http://dx.doi.org/10.35673/ajmpi.v4i2.434.
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The law No. 1 of 1974 concerning marriages annunciates that the success of marriages conducted must be by their religion and beliefs, in addition to being valid and approved by the state, therefore marriages must be approved by those invited. However, in reality, some people deviate from marriage registration requirements. The cause is not only lack of people's awareness to register a marriage, also driven by the difficulty to obtain permission to do polygamy, thus those who want to do polygamy prefer sirri polygamy. The awareness of how important the marriage registration is will only arise if in the future there is an interest in dealing with the law. These things encourage someone to ask for marriage isbat upon the sirri polygamy in the Religious Court. Therefore, marriage isbat upon Sirri polygamy will cause positive and negative effects in its implementation. To discuss the positive and negative effects of sirri polygamy marriage, the researcher uses normative juridical research methods with qualitative descriptive research analysis. The results showed that from a positive perspective, marriage is required for Sirri marriage to get a Legal Guarantee (Article 6 Paragraph 2 KHI). Since with the stipulation of Sirri polygamy, candidates of Sirri polygamy have a basis to get a marriage book (Article 7 Paragraph 1 KHI). As a result, there is an increase regarding the social status in the community that was once Sirri has now become official. Besides, the changes occur in the status of children as well as rights in shared assets and inheritance before the law. While from the negative side, if the Sirri polygamy is granted and/or the marriage is accepted, it means those who has deviated the law are approved and justified. The indirect impact is the assertion of values that must be issued by the provisions regarding the requirements of polygamy. Therefore, based on SEMA No. 3 of 2018, the Supreme Court no longer gives the permission to ratify Sirri polygamy.
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Nurani, Sifa Mulya. "Perspektif Keadilan Dalam Rumah Tangga." Ascarya: Journal of Islamic Science, Culture, and Social Studies 1, no. 1 (January 25, 2021): 1–13. http://dx.doi.org/10.53754/iscs.v1i1.1.
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Marriage has the goal of benefiting and prospering in life. Marriage is not only crucial to achieve the happiness of human life on earth. In terms of its kinds, marriage has much diversity. However, in Indonesia, unions recognized in the Marriage Law and the Islamic Law Compilation are monogamous and polygamous marriages. Polygamy is discussed in Islam, but the government regulates it with stringent regulations regarding practising polygamy. Law Number 1 of 1974 concerning marriage as a positive response to regulating a husband who wants to marry more than one person. Republic of Indonesia Government Regulation No. 9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage and in the Compilation of Islamic Law, which regulates polygamy and the requirements for polygamy for Muslims. Ideally, the two regulations of Law no. 1/1974 and KHI aim to provide terms and conditions for husbands who want to remarry (polygamy). These provisions aim to minimize the arbitrary attitude of husbands (men) towards wives (women). This provision is also for the creation of a sakinah, mawaddah and warrahmah. Polygamy that occurs around us still ignores the rules of polygamy as above. Most of them practice polygamy only because of the fulfilment of lust, so they often forget and even violate the main principles in Islamic law, namely the realization of justice and benefit.
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Bailey, Martha. "Polygamy and Plural Marriage." Les ateliers de l'éthique 2, no. 1 (2007): 18. http://dx.doi.org/10.7202/1044655ar.
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Sattwika, Kharisma Nanda, Diah Gayatri Sudibya, and Ni Made Puspasutari Ujianti. "Penyediaan Karang Memadu bagi Warga yang Berpoligami di Desa Adat Penglipuran Kabupaten Bangli." Jurnal Interpretasi Hukum 1, no. 1 (August 20, 2020): 72–76. http://dx.doi.org/10.22225/juinhum.1.1.2189.72-76.
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The authority of the customary law community covers various fields of human life, including in the field of marriage. In the field of marriage, customary law community unity regulates its own marriage patterns as applied by customary law community unit in Penglipuran Adat Village, Bangli Regency, there are customary rules that forbid its citizens from polygamy by providing a place called coral combined for traditional village manners that do polygamy. The study examines two problem formulations namely how the marriage system in the Penglipuran traditional village, and what the function of the reefs is to integrate polygamy marriage in the Penglipuran traditional village. The research method used in this study is empirical legal research with the sociology of law approach. The results showed that the Penglipuran Indigenous Village implemented a Monogamy marriage system that had long been designed before it was published in Law Number 1 of 1974 concerning Marriage. Related to the function of coral reefs is to prevent polygamy marriages. The main goal is to give a woman's happiness as a wife. While the influence of the supply of coral blends is very effective because until now there are no residents who occupy the coral blends because there are no Penglipuran people who do polygamy. With this research it is expected that the Penglipuran Indigenous village should maintain and preserve the values of its local wisdom, because the Indigenous Village of Penglipuran is a well-known tourist destination. In addition, the government should always provide guidance to village officers to maintain the preservation of cultural values.
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Lestari, Maryana, and Septhian Eka Adiyatma. "Marriage Cancelled, What about the Rights for Children?" Indonesian Journal of International Clinical Legal Education 2, no. 2 (June 5, 2020): 167–80. http://dx.doi.org/10.15294/ijicle.v2i2.38172.
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Marriage regulations have been regulated in detail through Law No. 16 of 2019 which is a renewal of Law No. 1 of 1974 regarding marriages in several articles changed and followed by other supporting rules. In the State of Indonesia the marriage system adheres to the concept of absolute monogamy, only for the marriage of one husband and one wife. As a result of cultural and religious uniformity, there is a difference in the application of law in Indonesia, the application of national law that applies the concept of absolute monogamy is the implementation of Christian religion. Islam also contributes to the organization of marriages by regulating marriages in Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI), this illustrates that the contribution of Islam is recognized by the state. Knowing the word polygamy is only recognized through the rules contained in Islam, but the requirements for polygamy are permitted in Indonesia only to husbands. Opponents of a polygamy marriage are polyandri marriages, the difference is seen from the side of the husband or wife who has more than 1 partner. Although it is permissible under the applicable law all the requirements required by the state must be fulfilled as a whole, some of these requirements include obtaining permission from a legal wife or prospective wife to be combined, a statement of being able to be fair, as well as other accessible requirements in the competent authority.
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Chairunnisa, Madiha Dzakiyyah, Hilman Purnama, and Ila Juanda. "Poligami dalam Perspektif Tafsir Modern Al-Manar." Istinbath | Jurnal Penelitian Hukum Islam 15, no. 1 (February 27, 2019): 29. http://dx.doi.org/10.36667/istinbath.v15i1.273.
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Married is the sunnah of the prophet, although the law of marriage alone for Muslims is determined by its purpose, marriage can be obligatory, sunnah, mubah, even haram is basically adjusted by human intention to get married. The complexity of human life raises several problems in marriage. Among them is the debate about polygamy that has happened so far, which has seized the attention of Muslims, because polygamy is associated with Islamic culture even the sunnah of the prophet. Historically the practice of polygamy has existed since pre-Islamic times. Many figures gave views on polygamy from various aspects related to women.
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Roszi, Jurna Petri. "Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal." Al-Istinbath : Jurnal Hukum Islam 3, no. 1 (June 29, 2018): 45. http://dx.doi.org/10.29240/jhi.v3i1.419.
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This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.
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Rohman, Abdur. "POLIGAMI." AGENDA: Jurnal Analisis Gender dan Agama 2, no. 1 (March 18, 2020): 25. http://dx.doi.org/10.31958/agenda.v2i1.1988.
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One controversial issue in Islam is polygamy. This paper describes polygamy from: before Islam, during the Islamic period of the Prophet and Companions, the concept of fair, dowry, marriage controversy with ‘Aishah and the world's population. This paper concludes polygamy in Islam is the limitation of unlimited polygamy marriage practice of Arabian people. Polygamy during the time of the Prophet was assumed as God's commands rather than lust and the polygamy practices of Prophet Companions tended as a great people aspect rather than forcing women to be their wives. Then, the concept of fair in polygamy can be measured by wives; the Prophet's dowry to his wives was very huge, and the world population provided the opportunity to conduct polygamy.
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Khoiriyah, Siti Lailatul. "PEMIKIRAN NASR HAMID ABU ZAID TENTANG POLIGAMI DAN RELEVANSINYA DENGAN UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN." Al-Ahwal: Jurnal Hukum Keluarga Islam 10, no. 1 (December 21, 2017): 23. http://dx.doi.org/10.14421/ahwal.2017.10103.
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A thing to be observed in law No.1 year 1974 about the marriages namely the principle of marriage is monogamy, which is a husband only married a wife, but in practice not only monogamy marriage but polygamy marriage also occur. Polygamy is marriage that more than a wife in one time. Conventional ulama thought that polygamy is permitted, while nowadays many contemporary ulama who criticize about the problem of polygamy, their assumptions is, a woman becomes an object on this problem, one of contemporary scholars Nasr Hamid Abu Zaid who argued that polygamy is absolutely forbidden with an example of with one of the statute in Tunisia, which is Tunisia law marriage. It is irrelevant to UUP in Indonesia, the UUP principle is the principle of open monogamy, which there is a possibility that a husband married with more than a wife. As stipulated in article 3 UUP year 1974. [Hal yang perlu diperhatikan dalam UU No. 1 tahun 1974 tentang Perkawinan yakni asas perkawinan adalah monogami, yakni seorang suami hanya menikah dengan seorang istri, tetapi dalam prakteknya tidak hanya perkawinan monogami saja melainkan adanya perkawinan poligami. Poligami adalah perkawinan yang lebih dari satu istri dalam satu waktu. Ulama konvensional berpendapat bahwa poligami itu diperbolehkan, sedangkan dalam perkembanganya banyak ulama kontemporer yang mengkritisi tentang persoalan poligami, anggapan mereka seorang perempuan menjadi suatu objek pada masalah poligami ini, salah satu cendekiawan kontemporer Nasr Hamid Abu Zaid yang berpendapat bahwa poligami itu dilarang secara mutlak dengan mencontohkanya dengan salah satu ketetapan hukum yang ada di Tunisia yaitu UU Perkawinan Tunisia. Hal tersebut tidak relevan dengan UUP di Indonesia, dengan alasan asas UUP adalah asas monogami terbuka, yang mana adanya kemungkinan seorang suami menikah dengan lebih dari seorang istri. Sebagaimana diatur dalam pasal 3 UUP tahun 1974.]
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Deni, Misda, Asmuni Asmuni, and Tengku Erwinsyahbana. "Perlindungan Hukum dan Hak Waris Istri Kedua dalam Perkawian Poligami Tanpa Izin." Journal of Education, Humaniora and Social Sciences (JEHSS) 2, no. 3 (March 22, 2020): 633–43. http://dx.doi.org/10.34007/jehss.v2i3.128.
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Polygamy marriage must be done with the consent or permission of the wife so that this creates a new legal problem regarding the position of the second wife, both in terms of rights and obligations, children, assets in the marriage as well as problems in the distribution of inheritance. The purpose of this paper is to determine the legal protection of a second wife to their legal status in polygamy marriage and to find out the rights of wife's inheritance in polygamy marriage according to Islamic fiqh and positive law. This research method is normative juridical with descriptive analysis research type. Legal protection for the second wife to get the rights and recognition must legalize marriage (isbat nikah) in the Religious Court. The second inheritance right of the wife to the polygamy marriage without permission is the right to inheritance with her husband since the marriage took place and all wives have the same rights to the inheritance within 1/8 if they have children and ¼ if they do not have children.
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Mubakirah, Fadliah. "Fenomena Poligami Dalam Pergolakan Batin Perempuan Dalam Perspektif Islam." Musawa: Journal for Gender Studies 9, no. 1 (September 1, 2019): 68–85. http://dx.doi.org/10.24239/msw.v9i1.400.
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Marriage is a way to get legalization of relationship between a man and a woman, in point of religion or national law. Polygamy is a system or marriage form which someone has more than a wife. In Islam, polygamy is allowed but with tight conditions, which have to appropriate with the objective of marriage, to achieve happy family, sakinah mawaddah warahmah. How If someone who wants to do polygamy but didn’t qualified, the motive just because of sex desire. Islam doesn’t talk about halal and haram only but also pay attention to morality and ethics aspect. Polygamy is allowed but has to done with moral, the focus in this case is the feelings of women and their children, no-one is persucated, so the objective of marriage is achieved.
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Rinda, Peni, and Achid Ulfi Sukriya. "JUDICIAL REVIEW OF DECISIONS OF POLYGAMIC POLICY IN SEMARANG RELIGIOUS COURT." Jurnal Pembaharuan Hukum 4, no. 3 (December 15, 2017): 333. http://dx.doi.org/10.26532/jph.v4i3.2319.
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Polygamy is a problem in marriages that is often discussed. Polygamy marriage as regulated in the polygamous marriage law, it is under the principle of monogamy which is not actually the absolute monogamous principle, but it is also called the principle of open monogamy. In the Compilation of Islamic Law (KHI) polygamy is the permission for a husband to have more than one wife on certain conditions. The method used in this legal research was sociological juridical approach that is the juridical review of the judge's verdict on polygamy permit in the Religious Courts of Semarang. The basic consideration to create the benefit of the people is that the active role of the Religious Court judges interpret the law in actual in order to apply the existing law in accordance with the needs of the development of society to achieve the mutual benefit. Elements in the principle of mutual benefit is not only the principle of legal certainty, but in the consideration there must also be the principle of benefit and the principle of justice
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Rizkal, Rizkal. "Poligami Tanpa Izin Isteri Dalam Perspektif Hukum: Bentuk Kekerasan Psikis Terhadap Isteri." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (September 11, 2019): 26–36. http://dx.doi.org/10.24123/yustika.v22i01.2017.
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In general, the Law of Marriage in Indonesia adheres to the principle of monogamy, although it does not rule out the possibility for husbands to have wife of more than one person at a time, or known as polygamy. The polygamy marriage desired in Article No. 1 of 1974 concerning Marriage and in the Compilation of Islamic Law is conditional polygamy, where the husband is permitted to marry polygamy with the provisions that must meet the juridical requirements stated in the Marriage Law and KHI. One of the requirements is that there is an agreement or permission from the first wife made in writing. Polygamy without the permission of the first wife will cause conflict in the household, namely psychological violence conflict suffered by the wife. So that the wife will ask for divorce because she feels betrayed by her husband. In such circumstances, the wife will feel very aggrieved by the act of polygamy secretly, the psychological disturbance due to betrayal by the husband, and other disadvantages are the wife is not entitled to a mut'ah post-divorce from the husband, because this divorce was submitted at will the wife herself.
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Hafas, Imam. "FACTORS IN RELIABILITY AS A REASON TO POLYGAMI ACCORDING TO ISLAMIC LAW AND POSITIVE LAW." Al-IHKAM: Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram 12, no. 1 (June 30, 2020): 93–106. http://dx.doi.org/10.20414/alihkam.v12i1.2309.
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The dynamics of polygamy are not uncommon to talk about, considering that polygamy is widely practiced by the public and the actions of polygamy are not in accordance with the existing laws and regulations or laws in Indonesia. Many actions of polygamy violate the existing rules, one of which is the existence of marriage outside the KUA conducted secretly. A family will never achieve happiness in the world without the descendants born from the bond of marriage. Indonesia is one country that is able to see and interpret the actions of polygamy that occur outside the court or without the knowledge of the first wife. This is triggered by the desire of a husband who wants to polygamy or gets married for the second time. Talking about a marriage that is not always happy, can even bring a disaster, both on the part of a wife and a husband. One way is to get offspring from the marriage. In scientific studies that will be the focal point is about the reason for a husband to carry out acts of polygamy, both in Islamic provisions and in the provisions of the law. The method in scientific studies here uses qualitative methods with normative juridical research types and the nature of descriptive analysis research, as well as using an inductive thinking framework.
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Murniati, Murniati, Henry Agus Sulistiyono, and Wahidullah Wahidullah. "ANALYZING POLYGAMY REQUIREMENTS IN INDONESIA BY READING WOMEN IN TEXT AND CULTURE." JICSA (Journal of Islamic Civilization in Southeast Asia) 9, no. 2 (December 30, 2020): 252. http://dx.doi.org/10.24252/jicsa.v9i2.14355.
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This paper discusses re-conception of the requirements of polygamy marriage in Indonesia. It is expected to reach a fair for husband, wife, and children as well as to achieve the spirit of marriage goals. Juridical normative research methods are used to see injustice in the requirements of polygamy in UUP No.1 of 1974, namely 3, 4, and 5, and which do not correlate with Article 1 of that law. The research suggests that the understanding the text as well as patriarchal culture are the leading contributors to the injustice and must be resolved, so the dignity of marriages that is beneficial by protecting the parties without discrimination and humanity can be realized.
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Harahap, Khoirul A. "Kebijakan Pemerintah Republik Indonesia dan Hukum Islam Mengenai Poligami: Sebuah Kajian Perbandingan." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 2, no. 1 (June 30, 2019): 89–105. http://dx.doi.org/10.24090/volksgeist.v2i1.2684.
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Based on Law No. 1 of 1974 about Marriage, the Government of Indonesia has determined to adhere to the principle of monogamy in terms of marital arrangements. However, the Government of Indonesia does not decline polygamy opportunity for its citizens who wish to marry more than one person with some determined conditions and procedures. In the perspective of Islamic law, polygamy is permissible, but not mandatory and recommended. The law of polygamy in Islamic law follows the circumstances and conditions of someone who wants to practice polygamy. This study seeks to analyze and compare the Government of Indonesia policy and Islamic law in terms of marriage, especially regarding the reasons, conditions, and procedures for polygamy.
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Wijayanti S, Ni Luh Putu Mike. "Perlindungan Hukum Terhadap Hak Istri Dalam Perkawinan Poligami Melalui Perjanjian Perkawinan." Acta Comitas 3, no. 2 (November 28, 2018): 291. http://dx.doi.org/10.24843/ac.2018.v03.i02.p06.
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Marriage is carried out to form a happy and eternal family as a new stage of entering the real social life. Many things can happen in a marriage life. To avoid various problems in the future, the parties anticipate it by making a marriage agreement. Various problems that arise often result from the actions of the couple themselves for example, such as the desire of a husband who wants to have more than one wife or polygamy. With the marriage agreement, it is very helpful for the parties to resolve such problems because there is no agreement that the parties feel that they have been harmed because everything has been stated in the contents of the agreement. The problem is that there is a void of norms in Article 29 of the Marriage Law which regulates marriage agreements that do not explain how the rights of the wife occur in the case of polygamous marriages. This type of research is normative research. The type of approach used by legislation. The source of the legal material is primary legal material and secondary legal material. The legal collection technique is the technique of literature study and legal material analysis techniques, namely evaluation techniques and argumentation techniques. The results of the study indicate that there must be a joint agreement between husband and wife in making marriage agreements and by making a marriage agreement can protect the rights of wives who experience polygamy in their marriages.
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Baltzly, Vaughn Bryan. "Same-Sex Marriage, Polygamy, and Disestablishment." Social Theory and Practice 38, no. 2 (2012): 333–62. http://dx.doi.org/10.5840/soctheorpract201238218.
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Intan, Tania. "PERSPEKTIF PEREMPUAN (BARAT) TENTANG PERKAWINAN CAMPURAN, POLIGAMI, DAN ISLAM, DALAM NOVEL DEUXIÈME FEMME KARYA CAROLINE POCHON." ATAVISME 22, no. 1 (June 26, 2019): 61–74. http://dx.doi.org/10.24257/atavisme.v22i1.517.61-74.
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The purpose of this study is to examine the perspective of the narrator, French female character, about the phenomenon of mixed marriage, polygamy, and Islam, which is contained in the Deuxième Femme novel 'Second Woman' by Caroline Pochon. To examine these matters, this study uses descriptive analysis methods with criticisms of feminist literature and theories of narratology, cross-culture, and identity. A structural approach is used to analyze the narrative structure that builds the narrator's frame of mind. The results of the study show that as a narrator who truly lives a mixed marriage, experiences polygamy, and has embraced Islam, Caroline Pochon realizes that mixed marriages are not easy to live by because she must try to maintain her identity as a French woman. He also found that polygamy was a cultural practice that had long existed in Senegal so that it was difficult to change, especially because local women themselves did not intend to fight it and men practiced it as a form of obedience to religion (Islam
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Abdullah, Raihanah. "Inserting Stipulation Pertaining to Polygamy in a Marriage Contract in Muslim Countries." Al-Jami'ah: Journal of Islamic Studies 46, no. 1 (June 27, 2008): 153–69. http://dx.doi.org/10.14421/ajis.2008.461.153-169.
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Generally, Islam permits a wife to stipulate any conditions in a marriage contract. The Muslim jurists however differed in determining the validity of certain conditions and terms upon which their marriage is to take place. One of the controversial conditions is that the wife includes a condition pertaining to polygamy in the marriage contract. It is interesting to note that the practice of inserting stipulations pertaining to polygamy is not a new practice or unusual among many Muslims in the Middle East. Therefore, this article seeks to discuss the possibilities to adopt the Hanbalite’s principles on this matter in muslim countries where the Shafi’ite school of thought is predominantly followed. This article argued that by allowing the wife to insert stipulations pertaining to polygamy in a marriage contract does not go against Islam. This is because stipulations in the marriage contract are often aimed at preventing such eventuality and also protecting the position of women should it come to prevent.
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Aisyah, Siti. "GENDER DIVISION OF LABOUR AND POLYGAMY." ALQALAM 26, no. 2 (August 31, 2009): 229. http://dx.doi.org/10.32678/alqalam.v26i2.1557.
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The Indonesian patriarchal culture and gender inequality is reflected in state policies, regulations and laws. As a pluralistic country comprising of different ethnic groups with specific cultures and traditions, Indonesia has four formal religions: Islam, Christianity, Hindu and Buddhism. Because of this, Indonesian law reflects cultural and religious diversity, including customary law or Adat law, the Marriage Law of 1974 as well as civil and criminal law. Two serious concerns of Marriage Law of 1974 are in relation to gender division of labour and polygamy which undermine Indonesian Muslim women. This paper discusses such an issue to allow women to get equaliry before the law and highlights its contribution to domestic violence.There are two contradictory stipulations with respect to the Marriage Law of 1974: equality in marriage and gender division of labour within marriage. On the one hand, Article 31 (1) and Article 3 3 clearly state that there is no difference between husband and wife with respect to their basic rights such as love; respect, or fidelity. On the other hand, both of these Articles are contradicted with other articles which differentiate between a husband's and wife's responsibilities. For example, Article 31 (3) and Article 34 stipulate a clear division between the roles of husbands and wives within marriage. This has become a reference point for Indonesian views in determining gender relations in marriage.Marriage Law of 1974 still which supports gender division of labour between wife and husband should be revised by providing a clear statement that these roles are conditional. This means that husbands can be domestic carers including taking care of children if they have no jobs, while wives can be finacial providers or the head of household if they are capable to do so. In this context, gender roles can be exchanged and are not strictly for a certain gender.
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Rohman, Moh Faizur, and Muhammad Solikhudin. "FENOMENA POLIGAMI ANTARA SOLUSI SOSIAL DAN WISATA SEKSUAL DALAM ANALISIS HUKUM ISLAM, UU NO. 1 TAHUN 1974, DAN KHI." AL-HUKAMA' 7, no. 1 (June 21, 2017): 1–25. http://dx.doi.org/10.15642/alhukama.2017.7.1.1-25.
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Abstract: Polygamy is one of the problem in the marriage of the most discussed widely and controversial. One side of polygamy is rejected with a variety of arguments between normative, psychological, even always associated with gender injustice-as revealed by gender activists or activists of women. In fact, Western writers often claim that polygamy is evidence that the teaching of Islam in the areas of marriage is very discriminatory against women. On the other side, polygamy campaigned as it is considered as one alternative to resolve the phenomenon of cheating and prostitution. Whatever the reasons said, clearly polygamy is a religion shari'ah presence clearly in the Qur'an, regardless of how this verse applied. The issue is under what conditions and by whom this polygamy shari'ah can be implemented. This paper attempts to examines polygamy on one side of the impact on social solution, on the other side can be regarded as sexual tourism which is conducted the husband, and could also both reasons join simultaneously. Furthermore, the authors discuss polygamy with analysis knife of Islamic Law, Law No. 1 of 1974, and KHI (Positive Law). Not only that, the authors also attempt to align polygamy study it with a knife of analysis the theory of phenomenology in sociology.
Keywords: polygamy, Islamic Law, Positive Law, Phenomenology.
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Manyeli, Louis. "Ambushing Basotho Customary Marriage." Humanities and Social Science Research 2, no. 2 (June 17, 2019): p9. http://dx.doi.org/10.30560/hssr.v2n2p9.
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This paper describes and evaluates Basotho customary marriage as entailed in Sesotho law. It argues that lobola (dowry) and polygamy permitted by Sesotho law are detrimental to the dignity of women, and consequently ought to be obliterated. It also argues that under customary marriage the re-marriage of widows is a barricade caused by the customary practice of the bohali (the dowry). It further argues that the long standing practice of the bohali in customary marriage perspicuously does injustice to the family of the bridegroom. Regarding polygamy allowed by customary marriage under Sesotho law it is argued that this explicitly amounts to the dehumanization of women. Ideally the paper is an attempt to rescue women from the long standing suppression by men Lesotho in as far as Basotho customary marriage is concerned.
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S, Riyandi. "SYARAT ADANYA PERSETUJUAN ISTERI UNTUK BERPOLIGAMI (ANALISIS USHUL FIKIH SYAFI‘ĪYYAH TERHADAP UNDANG-UNDANG PERKAWINAN NOMOR 1 TAHUN 1974)." Jurnal Ilmiah Islam Futura 15, no. 1 (August 1, 2015): 111. http://dx.doi.org/10.22373/jiif.v15i1.561.
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The agreement terms of polygamy in positive law, namely the Marriage Law No. 1 of 1974, Government Regulation No. 9 of 1975, and Compilation of Islamic Law (KHI), is burdensome for men who wish to practice polygamy. Consequently, many men practice polygamy secretly without the approval of the first wife. This study uses qualitative approach. The research result shows that the terms of polygamy in Syafi'īyyah school is capable to bear a living wives and families. The husband is obliged to bear a living either wives or inner birth. According to Syafi'īyyah school no approval requirement for polygamous wives. According to Marriage Law No. 1 of 1974, Government Regulation No. 9 of 1975, and Compilation of Islamic Law (KHI), polygamy should be done without having to seek prior approval to the wife before. If the requisite approvals wife approached with istislahiyah method, it appears that the approval of the wife may be considered as a reason to permit polygamy on the grounds is included in a portion of maqasid syar’iyyah that maintain religion, intellect, lineage, honor and property.
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Usman Syaroni, Sri Sunarti Purwaningsih, Widjajanti M. Santoso,. "The Quest of Society and Marriage as Local and Global Context, the Syariah in Indonesia." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5390–97. http://dx.doi.org/10.17762/pae.v58i1.1796.
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The implementation of sharia in business and economy makes great progress, however, in society, there are many doubts, such as in marriages. Globalization and the internet have produced a disruptive context where past habits and knowledge changed dramatically. This article shows the disruptive context, by using critics of society as a concept and use women and marriage as a case. The arguments are marriage is a local context, as well as global, the mobility of people, have made marriage accessible from people of different religions, and nationalities, however, the registering is problematic. The research uses ‘controversial’ marriage in terms of religiosity, on sirri marriage, its bat (registered marriage), contracted marriage, and marriage between people with different religions. All of these cases are ’controversial due to ineligibility to register that should be based on one religion and cases of people who resist the registering. This qualitative research finds out that marriage is a long-lasting debate and discourses that continues until now, the government has made that registering the marriage is an obligation after the marriage process in front of the religion. Marriage has changed from societal norms, a specific ritual with many symbols, to civil rights and duties. Only people with such a legitimate marriage process can claims protection under the law. Those who support polygamy, child marriage and sirri, use religious arguments, neglecting women's and children's interests. The result shows women as unprotected citizens due to polygamy, child marriage, and marriage between people with different religions. This is an agenda for the discourse of Sharia in the state and societal level that should be able to produce justice and belongings, to all citizens.
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Denike, Margaret. "The Racialization of White Man's Polygamy." Hypatia 25, no. 4 (2010): 852–74. http://dx.doi.org/10.1111/j.1527-2001.2010.01140.x.
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This paper offers a genealogy of anti-polygamy sentiment in North America, elucidating certain racist and nationalist formations that are implicit in the historical valorization and enforcement of heterosexual monogamy. It tracks the white supremacist and heteronormative logic that conditions the widespread disdain toward polygamy, and that renders it fundamentally different from familial configurations that are associated with national identity. Relating political and philosophical doctrines to the archival documentation and insights of contemporary legal and cultural historians of anti-polygamy sentiment, it elucidates the racial Anglo-Saxonism of Hegel's ruminations on marriage and on the state, and highlights its reverberation within the political philosophy that justified the criminalization of polygamy and its supporting institutions in the nineteenth century and in contemporary immigration policy and same-sex marriage advocacy in Canada and the United States.
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Mann, Pamela S. "Toward a Biblical Understanding of Polygamy." Missiology: An International Review 17, no. 1 (January 1989): 11–26. http://dx.doi.org/10.1177/009182968901700105.
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The policy of the Evangelical Lutheran Church of Cameroon concerning polygamy is one of tolerance for polygynous husbands and their plural wives who live in areas untouched by the gospel. To those who live where the gospel has been preached, polygamy is a roadblock to baptism or, for those already baptized, to holy communion. The enforcement of this policy has created painful stress in Cameroonian Christian homes, including the Dowayo community, where the author has lived. As polygamy is a respected form of marriage in the African tradition, the question must be asked: Is monogamy the only marriage model Scripture allows, or is it the only one the missionaries' culture permits? With a concern for both biblical faithfulness and cultural appropriateness, the author searches the Old and New Testaments anew to understand the biblical directives for Christ-centered marriage in the African context.
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Masango, MJ. "Die konsep, rituele en proses van Afrika-huwelike." Verbum et Ecclesia 27, no. 1 (November 17, 2006): 226–36. http://dx.doi.org/10.4102/ve.v27i1.144.
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In many African tribes, sexual relations are legitimate only within the context of marriage. Moreover, all marriages are preceded by extensive preparations involving, inter alia, education (given by the elders of the community) and various religious rites de passage, e.g. circumcision. Boys and girls undergo separate initiations and several types of marriage (monogamy, polygamy, exogamy) prevail within traditional cultures. In this article, the author discusses elements of the variety of betrothal rites prevalent among African tribes as well as a number of global challenges affecting African marriage customs which have managed to hold their own despite the onslaught of westernisation and (post-) modernity.
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Yunita, Gina. "CONSIDERATION OF PANEL OF JUDGES IN THE CASE OF JOINT PROPERTY AGREEMENT TOWARDS POLYGAMOUS MARRIAGE INRELIGIOUS COURT OF CIBINONG CLASS 1B." DE RECHTSSTAAT 4, no. 1 (March 1, 2018): 37–45. http://dx.doi.org/10.30997/jhd.v4i1.1237.
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A man who has more than one wife is called polygamy. A polygamy often creates legal uncertainty about joint property. The purpose of writing this thesis is to analyze the legal certainty of joint property in polygamous marriage. The research method which used in this paper is Juridical Research Methods with Sociological Approach (Empirical). Authority of the Cibinong Religious Court in examining the case of the joint treasure agreement in polygamous marriage, the Muslim husband who wishes to have more than one wife is required to apply for polygamy permission to the Religious Court under the conditions as set forth in Article 4 and Article 5 of Law Number 1 Year 1974 about Marriage. Regarding the petition for polygamy permit, it is combined with a joint property appointment request which filed by a spouse or husband who files a joint property agreement reconvention. A married husband of more than one person is governed in Article 94 of the Compilation of Islamic Law and the separation of joint property separated in the mediation room, this agreement is made or before or at the time of marriage takes place, which then authorized by religious affairs office (KUA) for Muslims and may be signed before the notary. The consideration of the Panel of Judges about the joint property agreement in polygamous marriage is seen only through evidence at that time which causing injustice to the first wife since there is no explicit law that regulates t the distribution of joint property in polygamous marriage. Therefore, we need protection of law which is preventive and repressive
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Rademaker, Laura. "The Polygamy Question: Missions, Marriage, and Assimilation." Journal of Religious History 43, no. 2 (June 2019): 251–68. http://dx.doi.org/10.1111/1467-9809.12585.
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Hakim, Abdurrahman, and Kutbuddin Aibak. "POLIGAMI DI DUNIA ISLAM." Ahkam: Jurnal Hukum Islam 9, no. 1 (July 31, 2021): 105–28. http://dx.doi.org/10.21274/ahkam.2021.9.1.105-128.
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This paper compares the legal verses of polygamy in Saudi Arabia, Pakistan, and Indonesia. Apart from the controversy considered as detrimental and degrading to women, term of polygamy is not as easy as Westerners think in the license process. This study compares legal verses, licensing procedures, fines, either imprisonment or punishment, to husbands who violate the applicable regulations. Therefore, this research serves as evidence talthough polygamy is permitted, the procedures and requirements regulated by Saudi Arabia, Pakistan, and Indonesia contain elements of protection and respect for women. The method is qualitative with the library type. This research is classified as a co-comparative approach, which is a study that compares one legal case between several countries. The results are: 1) in Saudi Arabia, polygamy is still based on the classical Islamic fiqh school of Imam Hambali. Therefore, polygamy is not so much a concern in parliament that there is no legal reform there. As a result, polygamy is very free and tends to harm women. 2) in Pakistan, polygamy is also based on Islamic teachings, it's just that there is a legal reform that states that there must be written permission from the Arbitration Council if a husband wants to do polygamy. 3) in Indonesia, polygamy is very complicated, because basically the Marriage Law No. 16 of 2019 concerning Marriage contains the principle of monogamy. In addition, polygamy can be carried out by the husband if he has received permission from the wife and the board of judges in court.
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Esiri, May Omogho. "Social change and marriage structure in Nigeria." International research journal of management, IT and social sciences 8, no. 3 (April 19, 2021): 228–35. http://dx.doi.org/10.21744/irjmis.v8n3.1487.
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Marriage as a social institution has undergone changes in structure in contemporary Nigeria. Whether in simple or complex societies, social change is a universal phenomenon. In most cultural groups in indigenous Nigeria, marriage is usually an arrangement between two individuals. As a result there is pressure on the spouses to make the marriage a success bearing in mind the fact that any problem will usually affect both families and strain the otherwise cordial relationship between them. Again, polygyny commonly known as polygamy is the most practiced marriage system. However, the marriage structure in Nigeria today has not been the same. It is found in the name of modernization or civilization that a girl and a boy may decide to marry away from their parents’ place of residence and without their consent. Monogamous marriage is now increasingly encouraged and practiced. The paper thus examines the extent of social change in the Nigerian marriage structure.
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Nielsen, Michael. "Opinions regarding Polygamy among LDS Church Members: Demographic Predictors." Archive for the Psychology of Religion 31, no. 2 (May 2009): 261–70. http://dx.doi.org/10.1163/157361209x427788.
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People's opinions toward polygamy were examined in a study of 1369 adults who were current or former members of the Church of Jesus Christ of Latter-day Saints. Questions addressed several areas: polygamy and the law, respondents’ perceptions of polygamous women, the potential link between legalizing gay marriage and legalizing polygamy, polygamists’ reliance on social welfare programs, and the ability of teens raised in polygamy to leave that lifestyle. Consistent with the contact hypothesis, multiple regression analyses showed that people who knew a polygamist held more favorable opinions of polygamy. Polygamists, men, infrequent church attenders, and older people also tended to hold more favorable opinions of polygamy. Educational attainment showed weak associations with opinions, while marital status failed to predict opinions toward polygamy.
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WISENSALE, STEVEN K. "Marriage and Family Law in a Changing Vietnam." Journal of Family Issues 20, no. 5 (September 1999): 602–16. http://dx.doi.org/10.1177/019251399020005002.
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Marriage and family law in Vietnam has been greatly influenced by important historical events over the past 40 years. As a result, three major reforms have been implemented. The Marriage and Family Law of 1959 ended arranged marriages and polygamy and addressed the issue of gender equity. The Law on Marriage and the Family of 1986 clarified the legal obligations of married partners, identified more clearly parental responsibilities, and established new procedures for divorce. And, the 1994 Decree on Marriage and the Family was enacted to protect Vietnam's families from external influences and address concerns about rapid modernization. Lessons learned from Vietnam's experience may inform those researchers who are interested in studying family policy in other developing nations.
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Mawardah, Mutia, and Siti Rohma Rostanti Rostanti. "KESEJAHTERAAN PSIKOLOGI ISTRI PERTAMA DALAM PERNIKAHAN POLIGAMI." Jurnal Ilmiah Psyche 12, no. 2 (July 12, 2019): 101–8. http://dx.doi.org/10.33557/jpsyche.v12i2.493.
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This study aims to know the welfare of the psychology of the first wife in polygamy marriage. What factors affect the psychological welfare of a first wife in polygamy, as well as what causes a wife in polygamy. This research uses qualitative research design as well as using and using a case study approach to be able to know the welfare of the psychology of the first wife in polygamy marriage. In this study, researchers used 7 people sources, 2 people as the subject of research, 4 people as informant know of each subject and 1 person as the informant of the perpetrator. The results of this study found that the cause of both subjects in polygamy were among men's riches, consideration of the nobility, and religious considerations. The subjects in this study also had different psychological welfare. The first subject has six-dimensional welfare psychology, while the second subject has only four of the six dimensions of psychological wellbeing. Every dimension that belongs to the subject is also influenced by factors such as religious and social support factors
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Ansor, Muhammad. "Panorama Poligami dan Resistensi Perempuan di Langsa Aceh." Ulumuna 16, no. 1 (November 4, 2017): 163–88. http://dx.doi.org/10.20414/ujis.v16i1.194.
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This article is an attempt to analyze the practice of polygamy and women’s resistance in Langsa. It will describe the stand point of the women involved in polygamy in their effort to renegotiate their understanding on the Islamic legal ruling on polygamy through their daily activities. By applying socio-anthropology approach, it found that there are two types of resistance: hidden and opened. Hidden resistance (hidden trancript) is revealed through various expressions, such as tarnishing the good name of the spouse or the second wife, pretending to be obedience while doing other wise, or confronting the spouse’s ruling on handling the household. Opened resistance (public transcript) is carried out in two ways, either by asking a divorce before the second marriage takes place, or after, when the second marriage is carried out without the consent of the first wife. Finally, this article argues that the resistance expression of the women involved in polygamy is in fact part of their resistance effort against the dominant interpretation of the legal ruling of polygamy in Islam.
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Darmawijaya, Ade. "DAMPAK POLIGAMI SIRI TERHADAP KEHIDUPAN KELUARGA DI DESA CIGUGUR GIRANG BANDUNG BARAT." Asy-Syari'ah 21, no. 2 (February 17, 2020): 207–20. http://dx.doi.org/10.15575/as.v21i2.5447.
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Abstarct: In the teachings of Islam Marriage is one form of worship to Allah SWT and follows the sunnah of His Messenger. Marriage for Muslims in Indonesia adheres to the principle of Monogamy, namely - a man marries a woman. However, Law Number 1 of 1974 does not close the meeting door for men who will do marriage with more than one woman (polygamy). This can be done by following the provisions stated in Law No. 1 of 1974. However, the fact in the community is that there are still many polygamous marriages conducted in siri without following the procedures stipulated in the applicable law. so that it is not listed in the State document. So in this study, the motives for polygamy will be revealed, what causes a lot of polygamy siri, how the impact of polygamy siri on family life. The methodology of this study uses the method of observation, interviews, documentation. The results showed that the motives for polygamy included fulfilling sexual desires, showing courage, caring for orphans, elevating women, sharing happiness, continuing the traditions of the ancestors etc. The causes of the occurrence of polygamy siri in his wife did not want to be known by the first wife, the distance to the KUA and Pengandilan Religion was quite far, the polygamy procedure was quite complicated, complicated and expensive, considered insignificant registration of marriage. especially after the first wife was known, administrative problems arose, namely the making of KTP, KK, Birth Certificate, etc., making it difficult to distribute inheritance among family members, emerging vulnerability in the fields of economy, social, education, health and so on.Abstrak: Dalam ajaran Islam Perkawinan adalah salah satu bentuk ibadah kepada Allah SWT dan mengikuti sunnah Rasul Nya. Perkawinan bagi umat Islam di Indonesia menganut azas Monogami, seorang laki-laki mengawini seorang perempuan. Namun Undang-undang Nomor 1 Tahun 1974 membuka peluang bagi laki-laki yang akan melakukan perkawinan dengan lebih dari satu orang wanita (poligami). Hal itu dapat ditempuh dengan mengikuti ketentuan Undang-undang Nomor 1 Tahun 1974. Akan tetapi fakta di masyarakat masih banyak pernikahan poligami yang dilakukan secara siri atau tanpa mengikuti prosedur Undang-undang yang berlaku, sehingga tidak tercantum dalam dokumen Negara. Penelitian ini akan mengungkap motif melakukan poligami, faktor penyebab banyak terjadi poligami siri, dan bagaimana dampak poligami siri terhadap kehidupan keluarga. Metodologi penelitian ini menggunakan metode observasi, wawancara, dokumentasi. Hasil penelitian menunjukkan bahwa dampak melakukan poligami siri terhadap kehidupan keluarga cukup banyak di antaranya banyak terjadi konflik terutama setelah diketahui isteri pertama, muncul masalah administrasi kependudukan yaitu pembuatan KTP, KK, Akte Kelahiran dsb, mempersulit pembagian warisan di antara anggota keluarga, muncul kerawanan dalam bidang ekonomi, social, pendidikan, kesehatan dan sebagainya.
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Mwambene, Lea. "What is the future of polygyny (polygamy) in Africa?" Potchefstroom Electronic Law Journal / Potchefstroomse Elektroniese Regsblad 20 (November 9, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1357.
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The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African continent show that the focus has been on promoting and protecting the rights of women as defined in international human rights law, as well as on respecting the practice of polygyny. These legislative reforms in jurisdictions such as Kenya, Mozambique and South Africa show that the approach to regulating polygyny has been either to legalise, abolish, or regulate the practice. In view of the focus in these reforms on both women's rights and respect for the practice of polygyny, this paper examines the different approaches of the selected countries to regulating the practice. In particular, this paper investigates how these countries are striking a balance between polygyny and the protection of women's rights. It will also highlight the difficulties that law reformers face in regulating the practice in such a way as to protect women's rights, as well as the gaps in the law reforms that need to be addressed.
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Setiyanto, Danu Aris. "POLIGAMI DALAM PERSPEKTIF FILSAFAT HUKUM ISLAM (KRITIK TERHADAP HUKUM PERKAWINAN DI INDONESIA)." Al-Ahwal: Jurnal Hukum Keluarga Islam 10, no. 1 (December 21, 2017): 49. http://dx.doi.org/10.14421/ahwal.2017.10105.
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This paper will focus on polygamy with a philosophical approach to Islamic law and directly associated with the marriage law in Indonesia. Polygamy is an issue in family law of Islam in the discussion of fiqih both classic and contemporary. Even polygamy is a discussion that is always debated theologically and anthropocentrically. In the positive law in Indonesia, polygamy is allowed with certain conditions which are strict and in it famous with the principle of monogamy. The main requirement of polygamy both in fiqih and in Act No. 1 of 1974 on Marriage is fair, both physically and spiritually. Polygamy is a right that can only be owned by the husband and not owned by the wife. In the philosophy of Islamic law, polygamy is certainly not due only to the satisfaction of mere biological. But more than that, polygamy is interpreted as a solution to resolve a number of social issues such as the poor orphans, protection of the poor widow, and others. Polygamy in philosophy also has the meaning of protection, to avoid lewdness, and justice for feminists. However, in practice in Indonesia, philosophy of polygamy in the Marriage Law considered by some of parties, can not be realized effectively. This is due to the absence of strict sanctions, weak administration, and the lack of public awareness in obeying the rules of religion and the Marriage Law in Indonesia. [Tulisan ini akan difokuskan tentang poligami dengan pendekatan filosofis hukum Islam dan dikaitkan langsung dengan hukum perkawinan di Indonesia. Poligami merupakan isu dalam hukum keluarga Islam baik dalam pembahasan fikih klasik maupun fikih kontemporer. Bahkan poligami adalah pembahasan yang selalu diperdebatkan secara teologis maupun antroposentris. Dalam hukum positif di Indonesia, poligami diperbolehkan dengan syarat-syarat tertentu yang ketat dan di dalamnya terkenal dengan asas monogami. Syarat utama poligami baik dalam fikih maupun dalam Undang-Undang No. 1 Tahun 1974 tentang Perkawinan adalah adil, baik secara lahir maupun secara batin. Poligami merupakan hak yang hanya dimiliki oleh suami dan tidak dimiliki oleh istri. Secara filosofi hukum Islam, poligami tentu saja bukan karena hanya untuk kepuasan biologis semata. Namun lebih dari itu, poligami dimaknai sebagai solusi untuk menyelesaikan sejumlah persoalan sosial seperti adanya anak yatim yang kurang mampu, perlindungan janda yang lemah dan lain-lain. Poligami secara filosofi juga memiliki makna perlindungan, menghindari perbuatan keji, dan keadilan bagi kaum feminis. Namun dalam praktinya di Indonesia, makna filosofi poligami dalam UU Perkawinan dianggap sejumlah pihak tidak dapat diwujudkan efektif. Hal ini disebabkan karena tidak adanya sanksi yang tegas, lemahnya administrasi, dan lemahnya kesadaran masyarakat dalam menaati aturan agama dan UU Perkawinan di Indonesia.]
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Nurhidayatuloh, N., F. Febrian, Achmad Romsan, Annalisa Yahanan, Martinus Sardi, and Fatimatuz Zuhro. "FORSAKING EQUALITY: EXAMINE INDONESIA’S STATE RESPONSIBILITY ON POLYGAMY TO THE MARRIAGE RIGHTS IN CEDAW." Jurnal Dinamika Hukum 18, no. 2 (May 10, 2018): 182. http://dx.doi.org/10.20884/1.jdh.2018.18.2.810.
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Human rights violation (HRV) occurs when a state including its organs commits HRV to individual within its jurisdiction. International Law has formulated a wide range of human rights law, especially the CEDAW which has been ratified through Law No. 7 of 1984. However, the law has not been applied properly. This article aims to examine HRV committed by a state which caused inability or unwilling to amend polygamy Law. Based on normative research, analysis to Article 2(f) of the Convention applies a viewpoint equality and state responsibility theories. Through this method, international conventions will be opposed to national provisions, Polygamy regulation. It is found that Indonesia through Polygamy regulation performs discrimination against woman’s rights. It can be stated that Marriage Law treats men and women unequal. It concludes that, as a state, Indonesia should responsible for HRV because the main problem of inequality is discrimination rooted from Polygamy regulation.Keywords: equality, human rights violation, non-discrimination, polygamy, state responsibility
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Crookston, Emily M. "Love and (Polygamous) Marriage?" Journal of Moral Philosophy 12, no. 3 (June 26, 2015): 267–89. http://dx.doi.org/10.1163/17455243-4681043.
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Opponents of same-sex marriage suggest that legalizing same-sex marriage will start a slide down a “slippery-slope” leading to the legalization of all kinds of salacious family arrangements including polygamy. In this paper, I argue that because previous attempts by liberal political theorists to combat such slippery-slope arguments have been unsuccessful, there are two options left open to political liberals. Either one could embrace polygamy as a logically consistent implication of extending civil liberties to same-sex couples or one could find a new strategy for blocking the slide down the slope. I take the second option arguing that we ought to devise a harm principle for domestic partnerships. Once this principle has been established, it becomes clear that the risk of exploitation for those potentially occupying the multiple side of the marriage is sufficient reason to reject polygamous marriage arrangements. I conclude that, contrary to appearances, holding both (a) same-sex marriage is permissible and (b) polygamous marriage is impermissible is at the same time consistent and consistently liberal.
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Leckey, Robert. "Following Same-Sex Marriage: Redefining marriage and the impact for polygamy." Les ateliers de l'éthique 2, no. 1 (2007): 30. http://dx.doi.org/10.7202/1044657ar.
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Erlina, Rini, Yaswirman Yaswirman, and Mardenis Mardenis. "Judges’ Considerations in the Cancellation Decision of the Marriage Establishment (ITHBAT) of Polygamy (The Analysis of Supreme Court Decision No.351/K/Ag/2016)." International Journal of Multicultural and Multireligious Understanding 6, no. 2 (April 18, 2019): 164. http://dx.doi.org/10.18415/ijmmu.v6i2.662.
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In Indonesia, polygamy is permissible as long as it is justified by religion and the rules of the marriage law. However, a husband who wants to have more than one wife can only be done if he fulfills various requirements decided by the Court. Based on the principle of “audi alteram partem”, the Supreme Court views that the consideration of the Jakarta Religious High Court towards the defendant's answers, evidence and witnesses submitted by the defendant is a right decision even though they are late and no trial is submitted. The Supreme Court argues that polygamy permission is a necessity. It aims to maintain the welfare of the parties bound to the marriage that have been and are still ongoing. The word "can" in Islamic Law Compilation (KHI) article 71A shows that the cancellation of marriage for a reason of polygamy without court permission is tentative (facultative). Whether or not the marriage is canceled must be submitted to the court and is very dependent on the assessment of the benefits of the wife/wives and children. The legal consequences of the stipulation of the marriage establishment (ithbat) based on the decision of the Religious Court and the refusal to cancel the marriage establishment (ithbat), the child of the second wife has inheritance rights from his father, including assets from his property with his first wife.
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Sadat, Anwar, and Ipandang Ipandang. "Dinamika Poligami di Tengah Budaya Oligarkis-Patriarkis (Studi pada Masyarakat Poliwali Mandar dan Konawe Sulawesi)." Al-Manahij: Jurnal Kajian Hukum Islam 14, no. 1 (June 2, 2020): 131–46. http://dx.doi.org/10.24090/mnh.v14i1.3657.
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This article attempts to look at the other side of polygamy in the context of Islamic law amid oligarchic-patriarchal culture. During this time, there are people who think the reality of polygamy as a normal action performed. But there are some state that marriage should be practiced with the true principles of monogamy. Therefore, the article focuses on the wisdom of the polygamy reality experienced by the people of Polewali Mandar district in West Sulawesi and Konawe in Southeast Sulawesi based on normative narratives. The conclusion of this article is the reality of polygamy appears inseparably from the theological and cultural foundation of value-patriarchal oligarchic. Hence, the Quranic verse interpretation greatly influences the thought and practice of marriage in a society. Like the one phrase (fa wāḥidah) in QS. an-Nisa verse 3 which is interpreted not to prohibit a polygamy but the demand to marry another wife besides the first wife if she is unable to be fair. If a man is able to be fair in the matter of material, then he is permitted to marry at least four women at the same time.
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Elisha, Omri. "Sustaining Charisma Mormon Sectarian Culture and the Struggle for Plural Marriage, 1852––1890." Nova Religio 6, no. 1 (October 1, 2002): 45–63. http://dx.doi.org/10.1525/nr.2002.6.1.45.
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Through the latter half of the nineteenth century, Mormons in the United States engaged in a highly charged struggle to defend a religious principle——plural marriage (polygyny)——against political and cultural opposition among non-Mormon groups and institutions. The practice of plural marriage, however, remained statistically rare, hierarchical, and rooted in Victorian marriage and family norms. Moreover, the struggle took place as Mormon communities and businesses gradually assimilated to mainstream institutional and political economics. This article asks why, in light of such ambiguities, the Latterday Saints defended plural marriage with such vigor, capitulating only in the face of the most aggressive federal anti-polygamy legislation. I argue that plural marriage was a vital symbol of early Mormon sectarian identity, and that sustained activism in support of the principle allowed Mormons to embody the radical "peculiarity" of the church's charismatic origins. This has theoretical implications for an understanding of charisma as a complex and fundamentally socio-cultural phenomenon.
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Nawawi, Nawawi. "Quo Vadis Nikah Sirri Perspektif Hukum Islam." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 7, no. 2 (December 20, 2020): 119–32. http://dx.doi.org/10.32505/qadha.v7i2.1901.
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Islam requires marriage which is a sacred bond in human life. Through a legal marriage, human relationships of different types are lawful and become observance. The household life is built in an atmosphere of peaceful peace and affection between husband and wife and their descendants. The purpose of this article is to find out: The pillars and conditions of marriage according to Islam, the factors that cause sirri marriages, and the consequences of sirri marriages on their families. The method used in this study is a research library. Meanwhile, descriptive is describing the existence of a theme to be presented. Then by collecting relevant and accurate books or references, reading also studying to obtain data or conclusions related to the discussion. Sirri marriage in the perspective of Islamic law is valid until it meets the pillars and conditions of marriage. The contributing factors include: lack of knowledge about the importance of marriage registration, economy, difficulty in obtaining polygamy and social permits in some communities, on the grounds of maintaining honor and religion.
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Grout, Christopher. "Marriage, Polygamy and the Criminal Law of Conspiracy." Ecclesiastical Law Journal 20, no. 1 (January 2018): 3–15. http://dx.doi.org/10.1017/s0956618x17000862.
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The fact that the criminal law in England and Wales continues to afford protection to spouses who conspire together to commit crime is considered by many to be an anachronism. That a person cannot be guilty of conspiracy if the only other person with whom he or she agrees is his or her spouse, is to be found in section 2 of the Criminal Law Act 1977. The origins of the rule are said to be based on biblical principles pertaining to marriage. The difficulty with that is that the concept of marriage has changed significantly over time, which raises the question of whether or not the existence of the exemption can today be justified. In R v Yilkyes Finok Bala and Others [2016] EWCA Crim 560, the Court of Appeal was faced with the question of whether or not the legislative exemption applied to those who were party to a polygamous marriage. While acknowledging that there are arguments in support of the proposition that the exemption is outmoded, the Court of Appeal nevertheless interpreted the statutory provision in such a way so as to encompass parties to a polygamous marriage recognised under English law as valid. By virtue of the Civil Partnership Act 2004, the exemption was extended to cover civil partners. The expansion of the exemption is curious in the light of prevailing attitudes towards the applicability of the exemption at all in modern times. Furthermore, other statutory provisions (relating to analogous matters) have either been enacted or repealed to reflect present-day understandings of how the issue of marriage interacts with the criminal law. Yet, for reasons which are not altogether clear, the spousal exemption vis-à-vis the criminal offence of conspiracy remains in force.
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Adlhiyati, Zakki, and Achmad Achmad. "Melacak Keadilan dalam Regulasi Poligami: Kajian Filsafat Keadilan Aristoteles, Thomas Aquinas, dan John Rawls." Undang: Jurnal Hukum 2, no. 2 (March 24, 2020): 409–31. http://dx.doi.org/10.22437/ujh.2.2.409-431.
Full textAbstract:
Justice is a principle that should be existed in every part of human life. It should be taken as a basic principle in human relation, such as in business, political, or private matter even in marriage relationship. How marriage relationship maintained in justice based, is justice still be existed when husband do polygamy, both are the issues that will be analysed in this article through philosophical studies. Marriege Law stated that husband and wife have the obligation to respect and stay faithfull to each others. Based on Aristotle, Thomas Aquinas and John Rawls theory, husband and wife positions are the same and in balance. These three philosophers stated that justice must be based on the equality (equality on position, equality on the right and obligation etc). Nevertheless, injustice founded in Marriage Law, first, the marriage law only give the chance to polygamy for husband, and second, polygamy prerequarement only focused on women physical uncompetency. There should be a revision to the marriage law to give equality rights between husband and wife.
Abstrak
Keadilan adalah sebuah nilai yang diharapkan selalu ada dalam kehidupan manusia, mulai dari politik, bisnis, sampai hubungan perkawinan. Dalam perkawinan, nilai keadilan harus menjadi salah satu dasar hubungan lahir batin ini. Bagaimana keadilan dalam poligami, apakah UU Perkawinan telah adil mengatur poligami, merupakan permasalahan yang akan dianalisis dalam artikel ini melalui kacamata filsafat. Undang-undang perkawinan menyebutkan bahwa suami dan istri mempunyai kewajiban untuk saling menghormati dan saling setia. Posisi suami dan istri jika dianalisis berdasarkan teori keadilan yang diutarakan oleh Aristoteles, Thomas Aquinas, dan John Rawls adalah sama dan seimbang. Ketiganya mendasarkan nilai keadilan sebagai sebuah bentuk persamaan hak dan kewajiban, persaman status, persaman kedudukan. Meskipun demikian ketidakadilan ditemukan dalam Undang-undang Perkawinan. Setidaknya ada dua hal terkait poligami yang menjadikan UU Perkawinan tidak adil. Pertama, UU hanya memberikan peluang poligami kepada suami, dan kedua, alasan poligami bermuatan gender karena hanya menitikberatkan ketidakmampuan atau cacat fisik istri. Agar adil maka seharusnya ada perubahan yang dilakukan terhadap Undang-undang Perkawinan, perlu ada kesetaraan antara suami dan istri.
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Nurlaelawati, Euis. "Expansive Legal Interpretation and Muslim Judges’ Approach to Polygamy in Indonesia." Hawwa 18, no. 2-3 (October 28, 2020): 295–324. http://dx.doi.org/10.1163/15692086-12341380.
Full textAbstract:
Abstract Similar to other Muslim-majority countries, Indonesia has undertaken legislative changes in the domain of family law, including on polygamy. In practice, however, these legal reforms continue to be challenged by a number of judges, specifically those regarding polygamy. This paper looks at the extent to which judges meet husbands’ proposals for polygamy. It investigates judges’ legal interpretation of the legal grounds specified for polygamous marriage and how judges have deployed the notions of maslahah (public good) and mafsadah (harm), with a view to fortifying their legal decisions. It will be argued that the judges’ approach remains shaped by classical Islamic legal doctrine and that they subscribe to free and supplementary legal interpretation, or ijtihad, as well as contemporary notions of maslahah, resulting in conservative legal decisions that uphold gender asymmetries. It is also found that, even though many women may choose to share husbands rather than to be divorced, judges seem to ignore the fact that the practice of polygamy is detrimental to the dissolution of the marriage through wife-petitioned divorce.
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Santoso, Dri, and Muhamad Nasrudin. "POLYGAMY IN INDONESIA AND ITS RELEVANCE TO THE PROTECTION OF WOMEN AND CHILDREN IN THE PERSPECTIVE OF ISLAMIC LAW PHILOSOPHY." AKADEMIKA: Jurnal Pemikiran Islam 26, no. 1 (June 30, 2021): 121. http://dx.doi.org/10.32332/akademika.v26i1.2406.
Full textAbstract:
This article discusses the regulation of polygamy in Law No. 1 of 1974 and its derivative rules, as well as the Compilation of Islamic Law with an analysis of Islamic legal philosophy/maqashid al-shari’ah. This research is based on the legitimacy of polygamy as stated in Law Number 1 of 1974 concerning Marriage, article 3, paragraph 2. Polygamy also has rules that require the husband to obtain formal permission from the wife through a court process. Why do the Marriage Regulations regulate this? This research is based on a qualitative descriptive literature review. The method of analysis employed was content analysis, which involved creating an inventory of Indonesian family law norms and analyzing them using the maqashid al-shari’ah theory. This study finds that the regulation of polygamy in Indonesia is carried out to protect women's rights and children's rights. Furthermore, the rule aims to build a happy, peaceful, and prosperous family in the long run (sakinah, mawaddah, wa rahmah). This is in accordance with maqashid al-shari’ah, particularly in terms of soul preservation and descendent preservation.