Pertimbangan mashlahah terhadap permohonan izin poligami karena istri tidak dapat menjalankan kewajiban (studi analisis putusan Pengadilan Agama Demak No:1314/Pdt.G/2010/PA.Dmk)
Daftar Isi:
- Terms of polygamy with wives reason unable to perform the obligation has been stipulated in the legislation, which in article 4, paragraph 2 letter a of Law No. 1 1974 jo. Article 41 letter a Government Regulation No. 9 1975 jo. Article 57 letter a Compilation of Islamic Law. One of the requirements that must be considered is the guarantee that the husband would be fair to isti-wife and their children. Polygamy with wife reason unable to perform the obligation "biological relationship" can not be accepted as an excuse in the context of the legislation. Because here the defendant is still able to serve but limited to only 2 times a week, so the judge granted the request of the applicant on the grounds that his wife could not carry out obligations. The results showed that the Religious Court Judge Majlis consideration in the decision Demak case No.1314 / Pdt.G / 2010 / PA.Dmk, is the value of equity as consideration of the judge, according to the author's only fair for the applicant. While justice for Respondent (wife) as a party to a co-wife is less considered, because the real reason Wife can not perform the duties of a wife (biological needs) filed by the Applicant in Polygamy permit authors think not meet the criteria contained in Article 4 paragraph (2) letters (a) the UUP No. 1 In 1974, Article 41 paragraph (a) PP. No. 9 In 1975 and Article 57 paragraph (a) KHI. That is, with proven parties Wife (Respondent) has been able to provide dikaruniani descent and had 2 children. Overview mashlahah against Judge consideration is regarding the settlement No.1314 / Pdt.G / 2010 / PA.Dmk, it can be seen that the Majlis judge in granting the permit application polygamy is not in accordance with the criteria mashlahah, because the judge is too easy to conclude consideration of the law is used, so that he felt the decision will impact and take risks mafsadat lighter than her, with her husband reason to do things that are forbidden fear religious norms. The existence of the law committed by the Majlis Judge also contrary to the rules of maqasid al-Shari'ah prior to the maintenance of life and heredity.