JUDICIAL REVIEW OF DECISIONS OF POLYGAMIC POLICY IN SEMARANG RELIGIOUS COURT

Peni Rinda,Achid Ulfi Sukriya

doi:10.26532/jph.v4i3.2319

Abstract

Polygamy is a problem in marriages that is often discussed. Polygamy marriage as regulated in the polygamous marriage law, it is under the principle of monogamy which is not actually the absolute monogamous principle, but it is also called the principle of open monogamy. In the Compilation of Islamic Law (KHI) polygamy is the permission for a husband to have more than one wife on certain conditions. The method used in this legal research was sociological juridical approach that is the juridical review of the judge's verdict on polygamy permit in the Religious Courts of Semarang. The basic consideration to create the benefit of the people is that the active role of the Religious Court judges interpret the law in actual in order to apply the existing law in accordance with the needs of the development of society to achieve the mutual benefit. Elements in the principle of mutual benefit is not only the principle of legal certainty, but in the consideration there must also be the principle of benefit and the principle of justice

Highlights

In the Islamic view which is contained in the Compilation of Islamic Law, the word marriage is a contract or engagement to justify the sexual relationship between men and women in order to realize the happiness of family life covered by the sense of tranquility and affection in a way blessed by Allah SWT.1
Married is the sunna of the prophet, marriage law is determined from its purpose, marriage can be mandatory of sunna mubah and haram
Polygamy is a debatable issue, the practice of polygamy has existed before Islam existed and almost all religions acknowledge the existence of polygamy as the researcher has described all elements of society have recognized the existence of polygamous marriages