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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

The presence of this research, both researchers and readers, is hoped to be able to analyze the reasons for application for polygamy license caused by the pregnancy of prospective wife according to the legislation and also to know more about the legal considerations used by the judges in deciding the case, both in case number 287/Pdt.G/2023/PA.Kdi which was accepted or case number 1469/Pdt.G/2023/PA.Mkd which was rejected.
This research uses a library research method with a case approach and statute approach, so the data sources obtained are documents in the form of copies of case decisions, legislation, Al-Quran, As-Sunnah, as well as literature related to this subject matter.
The conclusion of this study explains that the application for a polygamy license because the prospective wife is already pregnant according to the legislation is not clearly stated. However, the court as an institution that provides justice should not reject this case because there is no such regulation. The court must still examine the case by considering from various points of view, so that justice can be felt for all parties, especially the parties concerned. In case decision number 287/Pdt.G/2023/PA.Kdi the basis for the judge’s consideration to grant the case, the judges saw that the case had fulfilled the alternative conditions as in Article 4 paragraph (2) of the Marriage Law and this case had also fulfilled the cumulative conditions and did not conflict with the qaidah fiqhiyah. As for case number 1469/Pdt.G/2023/PA.Mkd, the basis for the judge’s consideration in rejecting the case is that the purpose of marriage has not been fulfilled, because the applicant is asking for a polygamy license only to clarify the status of his child, while his second wife will be divorced when the child in her pregnancy is born.

97/PMH/2024

97/PMH/2024

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