JUDGES' VERDICTS IN POLYGAMY PERMISSION (A CASE STUDY AT THE APPELLATE ISLAMIC COURT OF YOGY AKART A 1993-2004)

ULF'A JAMILATUL FARIDA, SIN: 00350300 (2006) JUDGES' VERDICTS IN POLYGAMY PERMISSION (A CASE STUDY AT THE APPELLATE ISLAMIC COURT OF YOGY AKART A 1993-2004). Skripsi thesis, UNIST A TE ISLAMIC UNIVERSITY SUN AN KALIJAGA YOGYAKARTA VERSITAS ISLAM NEGERI SUNAN KAI..IJAGA YOGYAKARTA.

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Abstract

ABSTRACT JUDGES' VERDICTS IN POLYGAMY PERMISSION (A CASE STUDY AT THE APPELLATE ISLAMIC COURT OF YOGYAKARTA 1993-2004) by: Ulfa Jamilatul Farida Polygamy is defined as a system of marriage whereby one person has more than one spouse. There are types of polygamy: one is polygyny where a man marries more than one woman; and the other is polyandry, where a woman marries more than one man. In Islam, limited poiygyny is permitted, whereas polyandry is completely prohibited. This thesis is going to talk about the first type of polygamy, namely polygyny, but generally caned polygamy. Polygyny is one of marriage;s kinds in Islam, so did polygamy (polygyny) still in the framework of attaining the basic purposes of marriage in Islam, namely: sakinah, mawadah, andrahmah? Islam allows the practice of polygamy (polygyny) only in specified and restricted circumstances. A muslim male may marry other females provided that there are circumstances that yield this kind of arrangement and it is restricted with several clear conditions. In Indonesian context, the government put Marriage Law into effect which is polygamy as one of aspects, especially for muslim family codes mechanism. By this law, the government regulated the practice of legal polygamy. Through the Religious Court as the representation of government authority in this matters, a polygamy permission would be decided. In Marriage Law determined that if a husband who wants to do polygamy, he has to get a permission from the first wife, and then he has to submits an appeal to the Religious Court in his regency first. Actually, the reality has shown that the requirements to attain a legal polygamy are very hard and difficult. But, in spite of the requirements of polygamy is really hard, we realize that a lot of husbands seeking for polygamy permission to the court, including in Yogyakarta. This thesis discusses about polygamy in Yogyakarta. There is a number of polygamy permission cases in Special Province of Yogyakarta which submitted an appeal to a higher court when the judge verdict of Religious Court on regency level remarked that the polygamy permission was refused. After analyzed all of the data (verdicts), the conclusion remarked that the Jugdes at Appellate Islamic Court.of Yogyakarta could give permission for polygamy if and only if: first, the wife can not fulfill of her duties, second, the wife gets a physical defect or incurable disease, and third, if the wife is infertile.

Item Type: Thesis (Skripsi)
Additional Information: Prof. Dr. H. Kh
Uncontrolled Keywords: marriage, polygamy, verdic
Subjects: Hukum Keluarga
Divisions: Fakultas Syariah dan Hukum > Hukum Islam (S-2) > Hukum Keluarga
Depositing User: Puji Hartati
Date Deposited: 26 Nov 2020 14:25
Last Modified: 26 Nov 2020 14:25
URI: http://digilib.uin-suka.ac.id/id/eprint/41363

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