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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis aims to explain the Decision of the Religious Court Number 6347/Pdt.G/2014/PA.Bwi because the second wife is pregnant out of wedlock based on Islamic Law and Law Number 1 of 1974 concerning Marriage. Which is where a husband can practice polygamy under certain circumstances and if the conditions in the law have been met.
The research used is normative. In this study, the data collection method used was the method of library research (library research) to obtain a theoretical basis originating from existing writings such as books, laws, government regulations, Islamic law compilations, and others related to the title of this thesis.
The results of this study are in the Decision of Case Number 6347/Pdt.G/2014/PA.Bwi the panel of judges granted a polygamy permit based on the provisions of Article 3 paragraph (2), Article 4 paragraph 2 letter c and Article 5 paragraph (1) of Law no. 1/1974 in conjunction with Article 1 Government Regulation Number 9/1975 in conjunction with Article 55, Article 57 letter (c), Article 58 paragraph (1) and (2) Compilation of Islamic Law, and based on the argument of the Qur'an'an Surah an-Nisa paragraph 3. Despite being denied or receiving a permit for polygamy, the harm will be greater than the benefit if polygamy is accepted, because if granted it will cause greater harm in people's lives. The public will think how lax the application for a polygamy license in the Religious Courts is by way of adultery.

55/PMH/2022

55/PMH/2022

Perpustakaan FSH Lantai 4

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