Polygamy Permits for Business Reasons (Analysis of Sawahlunto Religious Court Ruling Number: 045/PDT.G/2018/PA.SWL)

Azwar, Zainal; Firdaus, Firdaus; Zarqy, Anshari Az

doi:10.31958/juris.v20i2.4385

Cited by 2 publications

(2 citation statements)

References 5 publications

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“…Based on the available evidence, fiqh provides room for the existence of polygamy. The entire range of matters encompassing the requirements for a husband to engage in polygamy, as well as the husband's obligations towards his wives and children in the context of polygamy, is carefully regulated within fiqh (Azwar et al, 2021). Generally, when discussing the issue of polygamy, almost all fiqh books (both concise and comprehensive) only highlight its permissibility (mubahah) without critically examining the essence behind this permissibility, whether from a historical, sociological, or anthropological perspective.…”

Section: Scope Of Family Law (Ahwal As-syakhshiyyah)mentioning

confidence: 99%

The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study

Wimra¹,

Huda²,

Bunaiya³

et al. 2023

JURIS

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The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.

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Section: Scope Of Family Law (Ahwal As-syakhshiyyah)mentioning

confidence: 99%

The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study

Wimra¹,

Huda²,

Bunaiya³

et al. 2023

JURIS

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show abstract

“…This research is legal research, namely a process of finding legal rules, legal principles and legal doctrines in order to answer legal issues and use a case approach. This research was conducted to examine and analyze the legal considerations used as the basis by the PA.Depok Panel of Judges regarding the (Azwar & Az-Zarqy, 2021) application No.3051/Pdt.G/2020/PA.Dpk in deciding the case regarding the polygamy permit application. In this case the author chose research in the Depok Religious Court area as the Government agency that adjudicated Case NO.…”

Section: Introductionmentioning

confidence: 99%

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

Ameliah,

Songgirin,

Ahmed

2023

legalis

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Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.

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Polygamy Permits for Business Reasons (Analysis of Sawahlunto Religious Court Ruling Number: 045/PDT.G/2018/PA.SWL)

Cited by 2 publications

References 5 publications

The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study

The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study

The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk)

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