Perlindungan Hukum Terhadap Para Isteri DalamPenetapan Itsbat Nikah Poligami Pada Pengadilan
| Main Author: | Perpustakaan UGM, i-lib |
|---|---|
| Format: | Article NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2004
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/19766/ http://i-lib.ugm.ac.id/jurnal/download.php?dataId=2602 |
Daftar Isi:
- Some Procedures and conditions to do poligamy marriage are regulated on Marriage Act and Islamic Law Compilation (KHI), but in practice, the regulations are often disobeyed. This disobidience causes illegal marriage poligamy cases. Ironically, the poligamist exerted the marriage in order to get legalization by itsbat nikah poligamy at Religious Court. The aims of this research are to find out what are the reason of judges on deciding poligamy itsbat case and what are the law protection to wives on itsbat nikah poligamy. The research was conducted in Special Province of Yogyakarta by conducting document studies and interview to the judges at Religious Court in Yogyakarta Special Province. The data were analyzed qualitatively. The research shows that the illegal marriage poligamy which is in accordance to the regulation of marriage Islamic law (Hukum Munakahat) can be legalized by itsbat eventhough there are violations of rule and procedures. The judge's reason are that there are fullfilment materiil conditions, for maslahat principle and give law certainity. Legally, polygamy itsbat gives certainity and protection to wives and their children, eventhough the rights of the first wife and their children sometimes slighted