%0 Thesis
%9 Skripsi
%A Ainun Najib Ananda, NIM.: 20103050025
%B FAKULTAS SYARI'AH DAN HUKUM
%D 2024
%F digilib:67525
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Izin Poligami, Pertimbangan Hakim, Undang-Undang Perkawinan, Maslahah Mursalah
%P 138
%T PERTIMBANGAN HAKIM DALAM MENGABULKAN IZIN POLIGAMI DENGAN ALASAN CALON ISTRI KEDUA HAMIL DI LUAR NIKAH (STUDI PUTUSAN PENGADILAN AGAMA SLEMAN NOMOR 953/Pdt.G/2023/PA.Smn)
%U https://digilib.uin-suka.ac.id/id/eprint/67525/
%X Request for polygamy permission in Indonesia is governed by the Marriage Law No. 1 of 1974 Article 4 Paragraph 2, which stipulates that a wife cannot fulfill her duties, has physical disabilities, or cannot bear children. In this study, the author found a ruling on a polygamy permission case with the reason that the second wife was already pregnant out of wedlock. The verdict, issued by the Sleman Religious Court with Case Number 953/Pdt.G/2023/PA.Smn, was granted by the panel of judges.  The issues researched in this study relate to the legal basis and the judges' considerations in granting polygamy permission on the grounds that the prospective second wife was pregnant out of wedlock, and a review of maslahah mursalah on the decision of the Sleman Religious Court Number 953/Pdt.G/2023/PA.Smn. The research method used is a combination of library research and field research, employing the theory of maslahah mursalah. This research adopts a normative juridical approach. The study is a descriptive-analytical examination of the judges' considerations in deciding Case Number 953/Pdt.G/2023/PA.Smn. The data sources for this research include primary and secondary data. Data collection was conducted through interviews and documentation.  Based on the results of this research, it can be concluded that from the perspective of Positive Law, the legal basis used by the judges does not meet the requirements for polygamy applicable in Indonesia. The panel of judges did not consider Article 4, Paragraph 2 of the Marriage Law, which is an alternative requirement that must be fulfilled in polygamy cases, and solely relied on the first wife's consent. From the perspective of maslahah mursalah, the judges' decision to grant polygamy permission on the grounds of the benefit for the child of the prospective second wife to have a nasab (lineage) relationship with the petitioner is not justifiable. Maslahah mursalah emphasizes the broader benefit for the general public, not just individual interests. If the polygamy permission is denied, the child born out of wedlock can still be nasab to the mother and have a civil relationship with the mother.
%Z Pembimbing: Yasin Baidi, S.Ag., M.Ag.