Practice Of Polygamy Research Articles

POLA ASUH ORANG TUA YANG BERPOLIGAMI DALAM MENDIDIK AKHLAK ANAK (STUDI KASUS DI DESA V JEMENANG KECAMATAN RAMBANG DANGKU KABUPATEN MUARA ENIM)

Parenting patterns of polygamy parents in educating children's morals (case study in V Jemenang Village, Rambang Dangku District, Muara Enim Regency). The formulation of the problem in this research is how is the parenting style of polygamy parents in educating children's morals (case study in Jemenang V village, Rambang Dangku district, Muara Enim Regency)? as well as what are the obstacles faced by polygamy parents in educating children's morals (case study in V Jemenang Village, Rambang Dangku District, Muara Enim Regency). The purpose of this study was to determine how parenting practices of polygamy parents in educating child morals in V Jemenang Village, Rambang Dangku District, Muara Enim Regency and to find out what are the obstacles faced by polygamy parents in educating child morals in V Jemenang Village, Rambang Dangku District, Muara District Enim.
 This research is a qualitative research. Data collection techniques in this study used interview, observation and documentation methods. Data analysis in this study uses data analysis from Miles and Huberman which includes data reduction, data display, and conclusion drawing or verification of data (conclusion drawing or verification). Based on the results of the study show that First, many ways or patterns of parenting that are used by parents who practice polygamy in educating children is the authoritarian parenting, democratic parenting, and permissive parenting, Second, the obstacles faced by parents who polygamy in educating child morals are , lack of economy so that the time between parent (father) and child is reduced, so that the lack of communication between child and parent, the sharing of affection so that the lack of affection felt by the child, parental attention is lacking so that the child falls into wrong promiscuity, and the rigors of the ego children have that makes it difficult for parents to educate children.

Pemberian Karang Memadu Sebagai Sanksi Adat Untuk Mencegah Poligami di Desa Adat Panglipuran


 Pemberian lahan ”Tanah Karang Memadu” bagi mereka yang melakukan perkawinan poligami di Desa Adat Pengelipuran, Bangli adalah bentuk sanksi adat dari kearifan lokal setempat yang wajib dilestarikan. Sanksi adat ini telah terbukti mampu mencegah niat masyarakat untuk melakukan poligami. Dalam Undang-undang Nomor 1 Tahun 1974 yang sudah diubah dengan Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, ditegaskan bahwa perkawinan adalah ikatan lahir batin antara seorang laki-laki dengan seorang perempuan. Jadi asas yang dianut adalah asas monogami. Namun demikian tidak sedikit masyarakat karena alasan tertentu melakukan perkawinan poligami atau mempunyai lebih dari satu orang istri. Secara normatif, masyarakat adat Desa Penglipuran memandang berpoligami itu sebagai pelanggaran norma adat. Karena itulah bagi mereka yang berani melakukan poligami dikenakan sanksi keluar dari pekarangan desa, lalu diberikan tempat yang disebut sebagai “Karang Mamadu”. Penelitian ini menjawab permasalahan, bagaimanakah pelaksanaan sanksi adat Karang Memadu di Desa Penglipuran, dan apakah sanksi adat Karang Memadu terlaksana dengan efektif di Desa Adat Penglipuran. Jenis penelitian yang akan dipergunakan dalam jenis penelitian hukum emperis. Temuan hasil penelitian membrikan penegasan bahwa pemberian ”Karang Memadu” adalah salah satu bentuk sanksi adat yang mempunyai implikasi hukum sangat singinifian dalam rangka mencegah terjadinya perkawinan poligami atau “memadu”. Indikasinya adalah, sampai penelitian ini selesai dilakukan sama sekali “karang memadu” yang dimaksud belum pernah dimanfaatkan oleh mereka yang melakukan perkawinan poligami. Saran yang dapat direkomenasikan adalah, sanksi pemberian”Karang Memadu” ini agar dilestarikan untuk menjamin keteraturan sosial.

Perspektif Keadilan Dalam Rumah Tangga

Marriage has the goal of benefiting and prospering in life. Marriage is not only crucial to achieving the happiness of human life on earth. In terms of its kinds, marriage has much diversity. However, unions recognized in the Marriage Law and the Islamic Law Compilation are monogamous and polygamous marriages in Indonesia. Polygamy is discussed in Islam, but the government regulates it with stringent regulations regarding practising polygamy. Law Number 1 of 1974 concerning marriage as a positive response to regulating a husband who wants to marry more than one person. Republic of Indonesia Government Regulation No. 9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage and in the Compilation of Islamic Law, which regulates polygamy and the requirements for polygamy for Muslims. Ideally, the two regulations of Law no. 1/1974 and KHI aim to provide terms and conditions for husbands who want to remarry (polygamy). These provisions aim to minimize the arbitrary attitude of husbands (men) towards wives (women). This provision is also for the creation of a sakinah, mawaddah and warrahmah. Polygamy that occurs around us still ignores the rules of polygamy as above. Most of them practice polygamy only because of the fulfilment of lust, so they often forget and even violate the main principles in Islamic law, namely the realization of justice and benefit.

Aplikasi Teori Batas Terhadap Poligami (Studi Hermeneutika Muhammad Syahrur)

This article seeks to provide an interpretation of the polygamy verse contained in the Qur’an Surah An-Nisa: 3 with Muhammad Syharur’s hermeneutic approach or Limit Theory. Polygamy discourse is an interesting issue since then until now. The polygamy verse became an interesting topic so that gave birth to various interpretations on it from classical interpretations, feminism to contextual interpretations. This article shows that based on the practice of polygamy according to Syahrur can be done with the provisions of two restrictions, namely quantitative and qualitative boundaries. Both of these limits must be applied simultaneously. The general understanding of polygamy in terms of quantitative restrictions is that a person marries at least one woman without the requirement of a widow or a virgin, and the maximum limit is four women. The understanding of polygamy in the theory of boundaries in terms of qualitative and quantitative boundaries is that a person marries a woman as a minimum limit with no requirement whether a widow or a virgin. Marrying two or three women is included in the area of ijtihad on the condition that they must have orphans. but the maximum limit is four women with the condition of widows who have orphans.

PERBEDAAN MAKNA TERJEMAHAN AL-QURAN DALAM BAHASA INDONESIA DAN MALAYSIA DAN PENGARUHNYA TERHADAP PERILAKU MASYARAKAT

The purpose of this study is to describe the difference meaning in Quranic translation in Bahasa and Malay version and its influence in people's behaviour. The population of this research is the Muslim college students comunity in Indonesia and Malaysia who understand Arabic. The respondent is choosen by simple purpose of sampling and those are 28 students from University Ahmad Dahlan, Indonesia, Universiti Malaya and Univeristi Teknologi MARA, Malaysia. The data were generated using qualitative descriptive research instrument, such as documentaries studies, questionnaires, and interviews. The data were analyzed using speaking and listening method and recording and coding method. The findings show that the differences in translation of word auliya' in QS Al-Maidah 51 affect people's behaviour in choosing the political leader, in both of Indonesia and Malaysia. Meanwhile, the differences in translation of word khiftum in QS an-Nisa' 3 affects and is affected Indonesian and Malaysian's culture in polygamy practice.

Tar & Feathers: Agnotology, Dissent, and Queer Mormon Polygamy

In 2014 the Church of Jesus Christ of Latter-day Saints (LDS Church) updated their official website to include information about the polygamy/polyandry practiced by Joseph Smith, their founder and prophet, and his many wives. The admission by the LDS Church reconciles the tension between information that had become readily available online since the 1990s and church-sanctioned narratives that obscured Smith’s polygamy while concurrently focusing on the polygyny of Brigham Young, Smith’s successor. This paper entwines queer theory with Robert Proctor’s concept of agnotology—a term used to describe the epistemology of ignorance, to consider dissent from two interrelated perspectives: 1) how dissent from feminists and historians within the LDS Church challenged (mis)constructions of Mormon history, and; 2) how the Mormon practice of polygamy in the late nineteenth century dissented from Western sexual mores that conflated monogamy with Whiteness, democracy and social progression in the newly formed American Republic.

Polygamy in Papua Traditional Marriage Reviewed from Marriage Laws

This paper aims to examine and analyze the juridical problems in the implementation of polygamy in Papuan traditional marriages which are established according to customary law. This research was conducted on Papuan customary communities in Sentani, Central Sentani District (Hobong Village) and West Sentani District (Doyo Village). The data were collected by means of interviews, and the data were analyzed through qualitative analysis. The results showed that the implementation of polygamy marriage in indigenous Papuan/Sentani communities carried out by Ondoafi / Ondofolo who as leaders in customary communities is not in accordance with the provisions in Law Number 1 of 1974 concerning Marriage. The Marriage Law is based on monogamy, but still provides concessions for those whose religions allow them to practice polygamy with fairly strict conditions. The requirements for polygamy in the Marriage Laws are set aside by Ondofolo who practices polygamy, the consent of the first wife is not required. By setting aside the requirements in the Marriage Laws for polygamy, there will be a negative impact on the polygamous marriage, namely that the marriage is not recorded or is illegitimate, resulting in children born in the marriage to become illegitimate children. The disharmony between customary law and national law (Marriage Laws) in terms of polygamous marriage among indigenous Papuans results in no sense of justice in the household. Lack of socialization regarding the Marriage Laws as a National Law to indigenous Papuans has resulted in a lack of legal awareness and resulting in minimal legal compliance. Keywords: Papuan Traditional Marriage - Marriage Law. DOI: 10.7176/JLPG/103-09 Publication date: November 30 th 2020

PRO-KONTRA WACANA PELEGALAN POLIGAMI DALAM ATURAN DAERAH (QANUN) DITANAH RENCONG ACEH

The discourse on the legalization of polygamy that the Aceh Government wishes to set forth in the Family Qanun has become one of the issues that has spread among the community so that it has drawn pros and cons and products. As a special autonomous region that has the authority to carry out Islamic syari'at, of course this is relevant if it is stated in a Qanun, but people's perceptions certainly cannot be ignored. This research was conducted using qualitative methods with secondary data analysis techniques such as literature studies and using the Narative Review scheme. The results showed that although Aceh is an area that practices Islamic Syari’at, if it is in accordance with its wishes regarding domestic life (polygamy) it is not automatically accepted so that the pros and cons cannot be avoided. However, the fact that the practice of polygamy must be regulated in the legal system is important given the many cases of betel marriage which of course are regulated and emphasized the terms and sanctions that polygamy practice will pass.

Expansive Legal Interpretation and Muslim Judges’ Approach to Polygamy in Indonesia

Abstract Similar to other Muslim-majority countries, Indonesia has undertaken legislative changes in the domain of family law, including on polygamy. In practice, however, these legal reforms continue to be challenged by a number of judges, specifically those regarding polygamy. This paper looks at the extent to which judges meet husbands’ proposals for polygamy. It investigates judges’ legal interpretation of the legal grounds specified for polygamous marriage and how judges have deployed the notions of maslahah (public good) and mafsadah (harm), with a view to fortifying their legal decisions. It will be argued that the judges’ approach remains shaped by classical Islamic legal doctrine and that they subscribe to free and supplementary legal interpretation, or ijtihad, as well as contemporary notions of maslahah, resulting in conservative legal decisions that uphold gender asymmetries. It is also found that, even though many women may choose to share husbands rather than to be divorced, judges seem to ignore the fact that the practice of polygamy is detrimental to the dissolution of the marriage through wife-petitioned divorce.

Developing capabilities for sustainability in family owned SMEs: An emerging market scenario

The academic discourse on ‘family’ perpetuity in family-owned businesses (FOB) is still burgeoning. Current findings suggest the importance of family control and family inter-generational sustainability in family-owned businesses. Though literature in family perpetuity and sustainability is well documented from the advanced economies, there is a scarcity of insights from emerging markets where this research relates. The study, therefore, sought to investigate, understand and interpret the underlying drivers of sustainability in small and medium family businesses using the stewardship theory paradigm and relying on evidence from an emerging market economy the Nigerian family business environment. A qualitative method with 41 in-depth interviews involving owners and managers of family-owned small and medium businesses was conducted. The study empirically shows that there is an interrelationship between family structure and business sustainability, hence the practice of polygamy was found to be inimical to family business success and sustainability. The study also showed that the element of spirituality arising from the ideals and values of the owning family is a significant factor for ensuring family wellbeing and business sustainability, and founding owner characteristics (industry experience) and impacts positively on the business performance and continuity. The study confirmed that the stewardship of non-family member employees within the business is provisional stewardship as non-family members rely on other incentives from the owning family members to behave as stewards. Building on the stewardship theory, the paper develops a model of sustainability for small and medium family businesses. The study contributes to the theoretical literature on stewardship and family business sustainability

Genesis 2:24 as Basis for Monogamous Christian Marriage: Illustrations from Nigeria

The issue of monogamy versus polygamy has been a matter of constant debate within Christendom, particularly in Africa. There are several passages used to support monogamy as the biblical standard, but this article focuses on Genesis 2:24. Citing illustrations from Nigeria, the aim of this article is to examine the claim that Genesis 2:24 serves as a basis for monogamous Christian marriage. This article employs the descriptive and exegetical methods. It discovers that Genesis 2:24 is an aetiology, which means that it is descriptive rather than prescriptive. The essay concludes that the passage is silent on the form of marriage, whether monogamous or polygamous. The monogamy interpretation fails to take cognisance of the fact that the text is an aetiology, and therefore descriptive, having reference to marriage only as it was practised at the time of writing. The monogamy view also loses sight of the Mosaic laws that regulated the practice of polygamy. Finally, since the passage has no reference for monogamy or polygamy originally, it is incorrect to say that Jesus’ or Paul’s allusion to it supports monogamy.

Developing Capabilities for Sustainability in Family Small Enterprises

Though literature in family perpetuity and sustainability is well documented from the advanced economies, there is scarcity of insights from emerging markets where this research relates. The study, therefore, sought to investigate, understand, and interpret the underlying drivers of sustainability in small family businesses using the stewardship theory paradigm in the Nigerian family business environment. A qualitative method with 41 in-depth interviews involving owners and managers of family-owned small and medium businesses was conducted. The study empirically shows that there is an interrelationship between family structure and business sustainability; hence, the practice of polygamy was found to be inimical to family business success and sustainability. Building on the stewardship theory, the paper develops a model of sustainability for small and medium family businesses. The study contributes to the theoretical literature on stewardship and family business sustainability.

DINAMIKA DAN PARADIGAMA STUDI AL-QURAN: Kontekstualisasi Penafsiran Ibn Kathîr dan Fazlurrahman

This paper tries to discuss the new direction of the development of Quran studies in the discourse of classical and contemporary interpretations. Specifically, this paper explores the thoughts of Ibn Kathir and Fazlur Rahman as a comparative study to see the development of the Quran’s interpretation methodology. It can be said that, Ibn Kathir's interpretation in understanding the Quran is textual. While, the development of Quran in the contemporary era in relation to Fazlur Rahman's thinking tends to be contextual. There are several new methodologies offered by Fazlurrahman in understanding texts, including: first, looking at the context of asbab al-nuzul verses; second, the approach (double movement); and third, the logical synthesis approach. This research employed a literature study approach to find related discussions through books, journals, and articles that were relevant to see the problems. The conclusion shows that Q.S. An-Nisa' 4: 3 according to Ibn Kathir is a text of polygamy, while according to Fazlur Rahman, it is not seen as a command to practice polygamy but monogamy in the context of marriage.

Poligami dalam Surah an-Nisa' (4): 3 (Aplikasi Pendekatan Kontekstual Abdullah Saeed).

This article is motivated by the understanding of some people not to say everything about Surah an-Nisa '(4): 3 as one of the legitimacy of the practice of polygamy. This understanding is reinforced by the practice of polygamy carried out by the Prophet and the interpretation of the majority of scholars who provide a strong reason for the practice of polygamy. Some contemporary scholars try to reconstruct this understanding by approaching the Qur'an contextually. This article uses Abdullah Saeed's contextual approach as the lens of analysis to find the main purpose of the verse. As a result, the writer found that sura 4: 3 is not a verse that emphasizes the practice of polygamy, but rather emphasizes caring for orphans and doing justice to others. In line with the main purpose of the verse, then in the context of Indonesia, marrying them (orphans in the interpretation of Al-Tabari and other classical scholars. While according to Muhammad Syahrur, Nashr Hamid Abu Zayd is an orphan's parent) is not a way to give a sense of security and protection for them, because the state has guaranteed freedom and security for orphans and women with the presence of KPAI and KOMNAS for women and there are many institutions and organizations that are concerned with caring for orphans.

Hamka, Social Criticism and The Practices of Polygamy in Minangkabau

The character and style of a text describes and reflects the cultural structure and nature of the author’s mind. This work attempts to describe social criticism and the interpretation of Hamka—the eminent Indonesian exegete—in the Al-Azhar (a fairly recent encyclopedic Quran commentary) of the verses which are legitimized as the verses of polygamy. This study finds that Hamka’s interpretation of “polygamy verses” is influenced by the social dynamics of his birthplace, Minangkabau. Hamka criticized religious and adat leaders for the polygamy tradition in Minangkabau. Paradigmatically, Hamka contributed a unique tradition in the dynamics of the interpretation of the Quran in Indonesia where interpretation becomes a social critic. This study reaffirmed the statements that the contestation in interpreting texts is a reflection of social and political contestation and not merely theoretical contestation and that each product of text interpretation expresses empirically the socio-political conditions of the interpreters. This work offered the idea that the interpretation of the Quran with a social approach is to voice criticism of the application of the text to be an alternative to continue in contextualizing the Quranic messages.

SYSTEMATIC REVIEW: AGREEMENT AND IMPACTS ON WIVES AND CHILDREN WELL-BEING OF POLYGAMOUS FAMILY STRUCTURE

The objective of this study is to understand the agreement percentage with the polygamy practice among senior wives and impacts of polygamy on children and wives from polygamous families. Issue of polygamy is widespread in the world nowadays. Literatures show that the polygamy is normally practiced in Middle East countries and affects the wives and children negatively. Results from different journal sources conducted in different countries were assimilated to attain better understanding of the relevance of impacts of polygamy on children and wives from polygamous families. The core of this work builds on highlighting the main findings related to the impacts of polygamous on children and wives from polygamous families in Palestine, Jordan, Syria, Nigeria, Israel and Turkey. The role of counsellor in the counselling session to help the children and wives from polygamous families also being discuss in review. The limitation of this review is the selected studies were only limited to Nigeria and Middle East countries such as Palestine, Syria, Israel, Jordan and Turkey. We suggest for more empirical studies on the practice of polygamy in Malaysia be published in scholarly journals.

Implications Of Polygamy Practices On Positive Law In Indonesia

Polygamy is a form of marriage that often leads to polemics in the society despite the fact that the concept of polygamy in Islamic law is basically permissible if the husband acts fairly. However, in terms of positive law, to have a polygamous marriage, a husband must get permission from the court under limited justifications and strict conditions. Without the legal permission from the court, the practice of polygamy will have implications in the positive law in Indonesia. Therefore, the purpose of this study is to apprehend the implications of the practice of polygamy on positive law in Indonesia. The result is that Practices of Polygamy may have an impact on the Indonesian criminal and civil law system. Keywords: Polygamy; Islamic law; Positive law Implikasi Praktek Poligami Terhadap Hukum Positif Di Indonesia Abstrak Poligami merupakan salah satu bentuk perkawinan yang sering menimbulkan polemik di masyarakat, padahal konsep poligami dalam hukum Islam pada dasarnya diperbolehkan jika suami dapat berlaku adil. Namun dari segi hukum positif, untuk melangsungkan perkawinan poligami, seorang suami harus mendapat izin dari pengadilan dengan alasan yang terbatas dan syarat-syarat yang ketat. Tanpa izin hukum dari pengadilan, praktik poligami akan berimplikasi pada hukum positif di Indonesia. Oleh karena itu, tujuan dari penelitian ini adalah untuk mengetahui implikasi dari praktik poligami terhadap hukum positif di Indonesia. Akibatnya, praktik poligami dapat berdampak pada sistem hukum pidana dan perdata Indonesia. Kata kunci: Poligami; Hukum Islam; hukum positif

Polygamy: An Early American History by Sarah M. S. Pearsall

Reviewed by: Polygamy: An Early American History by Sarah M. S. Pearsall Sandra Slater Polygamy: An Early American History. By Sarah M. S. Pearsall. (New Haven and London: Yale University Press, 2019. Pp. xviii, 397. $38.00, ISBN 9780-300-22684-3.) Sarah M. S. Pearsall's recent publication, Polygamy: An Early American History, at first glance appears to be a story of Mormonism. However, from its first pages, Pearsall makes a compelling argument for the presence and importance of plural marriages throughout early America and successfully disrupts the European narrative of monogamy as the only acceptable and practiced system of marriage in early America. Using individual biographies to investigate concepts of matrimony among Indigenous, African, and European people in the Atlantic world, this book does more than simply demonstrate that polygamy existed in a myriad of forms throughout the Atlantic; her work challenges the underpinnings of the Western Christian narrative of marriage. As she concludes, "Monogamous heterosexual marriage as the only form of allowable marriage was one of the legacies of colonial conquest" (p. 291). The chapters of the book focus on various locations and chronologies with Mormonism appearing only toward the end of the narrative. Grounding her narratives in widely practiced plural marriages among Natives in America, Pearsall reveals the extensive anxieties expressed by colonial officials and religious missionaries who asserted the sanctity of a monogamous marriage, an often difficult endeavor given the amount of plural marriage in the Old Testament. For Europeans, the practice of polygamy indicated deviance, barbarism, and extensive male lust. Natives accepted components of Christianity but were reluctant to embrace monogamy as a cultural practice because of its impracticality. Women, often perceived as victims of polygamy, eagerly embraced the concept to share the burdens of the household, childbirth, and the rearing of large families. Large networks of kinship provided security and community for men and women alike. This narrative also applied to West African tribes who extensively practiced plural marriage for similar reasons. Europeans quickly targeted polygamy as indicative of the lack of civilization, which provided justification for enslavement and subsequent oppression. In slavery, marriage was a complicated institution, often forbidden to enslaved men and women, and yet many practiced plural marriages in their own cultural constructions and behaviors. The necessity of multifaceted networks of family were crucial to survival in enslavement. The use of biography in each chapter as a point of exploration makes Pearsall's extensive work accessible to a wide audience. Working with European, Indigenous, and African narratives, a broad Atlantic scope, and a 250-year chronology challenges readers to master various historical narratives, though Pearsall moves from one to another seamlessly. Her use of biography as an entry point is successful in this regard. However, this structure is also indicative of the weakness of such a book. Chapters on Native and African plural marriages are far stronger than others where single narratives suggest broader adoption of plural marriages without ever quantifying the practice. How widely practiced was plural marriage in Europe? Yes, there was a larger discourse that redefined marriage during the early modern period in the Atlantic world, but how did this discourse affect daily choices? Despite these unanswered [End Page 684] questions, Polygamy does a remarkable job of displacing the construction of monogamy as universal in the Atlantic world. Moreover, Pearsall underscores the active participation and consent of women who entered plural marriages. Polygamy, often imbued with judgments and prejudices, was central to the narrative of Atlantic intimacy. Sandra Slater College of Charleston Copyright © 2020 The Southern Historical Association

TINJAUAN MASHLAHAH TERHADAP SANKSI PIDANA POLIGAMI DALAM DRAFT RKUHP PASAL 465-466

<p><em>Polygamy is a permissible and justified religion in Islam. The practice of polygamy was done long before the Islamic religion came until the hereditary is done until now. Polygamy practiced in Indonesia itself is governed by Law No. 1 of 1974 and government Regulation number 9 the year 1975. The laws and regulations of the Government shall be governed by the reason of polygamy, polygamy requirement to the procedure which must be taken by a person to polygamy. Not only that, seeing the phenomenon of polygamy practiced by the community, it appears the idea for the government to set the polygamy practice in order so that all people who polygamy meet the requirements and procedures that have been established. The idea was designed in the draft RKUHP article 465-466 which threatens with imprisonment and criminal penalties for illegal polygamy or those who do not meet these requirements and procedures. Therefore it is necessary to Further analysis related to the pipetting of polygamists who are illegal in Indonesia. The research uses library research. The data collection technique used is to take direction from the books that contain the idea of Maqashid Syariah theory, Indonesian marriage Law, and books related to polygamy. In the data processing using the analysis method of content (content analysis). While in drawing conclusions using the deductive method whereby the collected data is processed selectively and systematically then it is placed a special conclusion that is the result of the research. The results of this discussion showed that the design was to realize Mashlahah in order to save women's rights and maintenance to women's honors.</em></p>

Konstruksi Nalar Rechtvinding Hakim dalam Pemberian Izin Poligami yang Berkeadilan Gender dalam Putusan Pengadilan Agama Jombang No. 0899/Pdt.G/2016/PA.Jbg

The practice of polygamy in Indonesia until now has drawn criticism from some feminists who did not agree. But on the one hand, both Islamic law and positive law permit various conditions. In this case, the Religious Court (PA) becomes the last fence which becomes the determining point for a man to be able to polygamy. For this reason, researchers conducted a study of PA decisions on polygamy, namely Jombang PA Decision No. No. 0899 / Pdt.G / 2018 / PA.Jbg . The focus of the problem is (1) the value of gender justice in the decision and (2) reasoning rechtvinding(legal discovery) judge. The method used in this study is a normative-qualitative legal research method with content analysis techniques from Charles Purse. The results showed that the practice of polygamy licensing in the Religious Courts had actually gone through processes that reflected gender justice. This is reflected in the obligation of the Religious Court to summon the longest wife of the applicant for polygamy to be asked for willingness and information. The results of subsequent studies show that PA Jombang judges used hermeneutic techniques in making legal discovery efforts. Because, they not only focus on aspects of legality, but also consider the contextualization.