WAHID, Muhammad Zaber and ABDULLAH, Baharuddin Hi. M.A. (2021) BATAL DEMI HUKUM\; POLIGAMI TANPA PERSETUJUAN ISTERI STUDI KASUS POLDA PRPINSI MALUKU UTARA. Shariah and Justice, 1 (1): 1. pp. 89-121. ISSN 2808-9901
JOURNAL IJSJ Batal Demi Hukum Poligami Tanpa Persetujuan Isteri Studi Kasus POLDA Provinsi Maluku Utara.pdf - Published Version
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KORESPONDEN BATAL DEMI HUKUM; POLIGAMI TANPA PERSETUJUAN ISTERI STUDI KASUS POLDA PRPINSI MALUKU UTARA.pdf - Submitted Version
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Abstract
Marriage Law in Indonesia adheres to the principle of Monogamy. That is, a husband can only have a wife. But in the applicable law, polygamy is possible on several conditions including a wife's license and authorized by the court. In practice, many polygamy practices carried out without the wife's knowledge are even done "sirri" or nikah under the hands. This research aims to analyze the practice of polygamy without the consent of one party in the perspective of civil law and Islamic law in the city of Ternate, how the legal settlement of marriage cases without the consent of one party in the North Maluku police and the religious court of Ternate city, the purpose of the study to analyze marriage (Polygamy) without the consent of either party in the perspective of Civil Law and Islamic Law. This research uses a type of skinative research with an analytical descriptive model which is then combined with normative studies. The study found that marriages (polygamy) performed without the first wife's knowledge were said to be null and void because they did not meet the elements set by law and courts.
Keywords: Polygamy, Without Consent, Islamic Legal Perspective, Civil Law
Item Type: | Article |
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Subjects: | B Philosophy. Psychology. Religion > BV Practical Theology > BV1460 Religious Education K Law > K Law (General) K Law > KZ Law of Nations L Education > L Education (General) L Education > LB Theory and practice of education > LB1501 Primary Education L Education > LB Theory and practice of education > LB2300 Higher Education L Education > LC Special aspects of education > LC5201 Education extension. Adult education. Continuing education |
Divisions: | Fakultas Syariah > Hukum Keluarga Islam (Ahwal Syakhshiyyah) |
Depositing User: | admin perpus |
Date Deposited: | 10 Jun 2023 14:50 |
Last Modified: | 11 Jun 2023 13:38 |
URI: | http://repository.iain-ternate.ac.id/id/eprint/288 |