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Journal articles on the topic 'Marriage Polygamy'

Author: Grafiati

Published: 4 June 2021

Last updated: 3 February 2022

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1

Bahrum, Mukhtaruddin. "PROBLEMATIKA ISBAT NIKAH POLIGAMI SIRRI." Al-Adalah: Jurnal Hukum dan Politik Islam 4, no. 2 (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 i

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Nurani, Sifa Mulya. "Perspektif Keadilan Dalam Rumah Tangga." Ascarya: Journal of Islamic Science, Culture, and Social Studies 1, no. 1 (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 Gov

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3

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 (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

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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 (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 contri

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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 (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

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Roszi, Jurna Petri. "Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal." Al-Istinbath : Jurnal Hukum Islam 3, no. 1 (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 a

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Rohman, Abdur. "POLIGAMI." AGENDA: Jurnal Analisis Gender dan Agama 2, no. 1 (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

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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 (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 exampl

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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 (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 resea

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11

Mubakirah, Fadliah. "Fenomena Poligami Dalam Pergolakan Batin Perempuan Dalam Perspektif Islam." Musawa: Journal for Gender Studies 9, no. 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 wit

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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 (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 cons

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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 (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

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14

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 (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 knowled

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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 (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 p

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16

Harahap, Khoirul A. "Kebijakan Pemerintah Republik Indonesia dan Hukum Islam Mengenai Poligami: Sebuah Kajian Perbandingan." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 2, no. 1 (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 Gove

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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 (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 beca

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18

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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19

Intan, Tania. "PERSPEKTIF PEREMPUAN (BARAT) TENTANG PERKAWINAN CAMPURAN, POLIGAMI, DAN ISLAM, DALAM NOVEL DEUXIÈME FEMME KARYA CAROLINE POCHON." ATAVISME 22, no. 1 (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, e

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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 (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 prin

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Aisyah, Siti. "GENDER DIVISION OF LABOUR AND POLYGAMY." ALQALAM 26, no. 2 (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

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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 (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

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Manyeli, Louis. "Ambushing Basotho Customary Marriage." Humanities and Social Science Research 2, no. 2 (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 la

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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 (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 poly

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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 (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. T

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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-polyg

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Mann, Pamela S. "Toward a Biblical Understanding of Polygamy." Missiology: An International Review 17, no. 1 (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 mar

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Masango, MJ. "Die konsep, rituele en proses van Afrika-huwelike." Verbum et Ecclesia 27, no. 1 (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 m

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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 (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 c

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Rademaker, Laura. "The Polygamy Question: Missions, Marriage, and Assimilation." Journal of Religious History 43, no. 2 (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 (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

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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 (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 str

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Nielsen, Michael. "Opinions regarding Polygamy among LDS Church Members: Demographic Predictors." Archive for the Psychology of Religion 31, no. 2 (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

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WISENSALE, STEVEN K. "Marriage and Family Law in a Changing Vietnam." Journal of Family Issues 20, no. 5 (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

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Mawardah, Mutia, and Siti Rohma Rostanti Rostanti. "KESEJAHTERAAN PSIKOLOGI ISTRI PERTAMA DALAM PERNIKAHAN POLIGAMI." Jurnal Ilmiah Psyche 12, no. 2 (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 stu

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Ansor, Muhammad. "Panorama Poligami dan Resistensi Perempuan di Langsa Aceh." Ulumuna 16, no. 1 (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 confr

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Darmawijaya, Ade. "DAMPAK POLIGAMI SIRI TERHADAP KEHIDUPAN KELUARGA DI DESA CIGUGUR GIRANG BANDUNG BARAT." Asy-Syari'ah 21, no. 2 (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

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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 practic

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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 (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 spirituall

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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 (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 conventi

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Crookston, Emily M. "Love and (Polygamous) Marriage?" Journal of Moral Philosophy 12, no. 3 (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

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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 (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

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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 (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 insepar

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Elisha, Omri. "Sustaining Charisma Mormon Sectarian Culture and the Struggle for Plural Marriage, 1852––1890." Nova Religio 6, no. 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

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Nawawi, Nawawi. "Quo Vadis Nikah Sirri Perspektif Hukum Islam." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 7, no. 2 (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 the

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Grout, Christopher. "Marriage, Polygamy and the Criminal Law of Conspiracy." Ecclesiastical Law Journal 20, no. 1 (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

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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 (2020): 409–31. http://dx.doi.org/10.22437/ujh.2.2.409-431.

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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 posi

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Nurlaelawati, Euis. "Expansive Legal Interpretation and Muslim Judges’ Approach to Polygamy in Indonesia." Hawwa 18, no. 2-3 (2020): 295–324. http://dx.doi.org/10.1163/15692086-12341380.

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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 decision

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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 (2021): 121. http://dx.doi.org/10.32332/akademika.v26i1.2406.

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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 emplo

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