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All Journal Jurna Ilmiah Hukum Keluarga Islam
Moh Murtadho
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Religion Law, Crime, Criminology & Criminal Justice

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Journal : Jurna Ilmiah Hukum Keluarga Islam

 1 
IMPLEMENTASI HAKIM DALAM PENETAPAN HARTA GONO GINI AKIBAT ISBAT POLIGAMI DI PENGADILAN AGAMA KOTA MALANG Mohamad Satria Negara; Ahmad Subekti; Moh Murtadho
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Polygamy is a marriage in which one party has more than one partner, or a husband who is married to more than one wife. Isbat polygamy is ratification or approval of marriage with a second, third, and later wife. Community property are all assets produced jointly by husband and wife since the marriage contract is held. The author uses qualitative methods that are examined in depth. To check the validity of the data, researchers used triangulation sources. In the decision of Malang City Religious Court Judges, the case is Number 1082 / Pdt.G / 2018 / PA.MLG. That the determination and distribution of community property can be decided if the applicant and the respondent have completed the requirements of the Court, and the Court has absolute conditions, namely filling in the information of the assets with the applicant and the respondent. Guidelines from the judges of the Malang City Religious Courts, namely the manual for the implementation of the duties and administration of religious courts The judge determines the determination and distribution of community property in polygamy permits by referring to the law, and the religious justice guidebook. More tightening the conditions for polygamy permits, so that there is a sense of respect for a woman, so that there is justice in the household.Key Word : Polygamy, Community Property, Isbat Polygamy.
GUGATAN TENTANG PRAKTIK POLIGAMI OLEH PARTAI SOLIDARITAS INDONESIA (Study Analisis Dalam Perspektif Hukum Islam Dan Hukum Positif) Nor Hidayatullah; Fathurrahman Alfa; Moh Murtadho
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Ths study aims to know the problem in lawsuit of Indonesian Solidarity Party (PSI) analysis about polygamy in positive law and islamic law perspective. This study focuses on 1) What is the point of view from Indonesian Solidarity Party (PSI) about polygamy and domestic violence?. 2) What is the point of view from Islamic law about polygamy and domestic violence?. This study is using qualitative approaching and the type of the study is case study. The data analysis collection is done by participatory observation, unstructured interviews, and documentation. The data analysis technique uses 3 steps from Miles and Huberman, namely data reduction, data display, and verification. To check the data validity, the researcher uses extending observation time, increasing preseverance, triangulating and checking the colleagues. The results of this study are, 1) The reason of Indonesian Solidarity Party (PSI) declines the polygami since they assumed that polygami same as domestic violence which involves pshycological distraction, physical violence, and social distraction, 2) In the National Regulation, it should be emphasized that regeneration and sexuality are not the one of the marriage purpose whereas there is a main of marriage purposes, that is affection, in order that the National Regulation of Marriage should be more dynamic, responsive, and high adaptability on the gender equality situation.Keyword: Poligamy, KDRT, Psi(Partai Solidaritas Indonesia), Hukum Positif,   Hukumislam
KEADILAN DALAM POLIGAMI PERSPEKTIF MADZHAB SYAFI’I Muhammad Mualimur Rifqi; Moh Murtadho; Khoirul Asfiyak
Jurnal Hikmatina Vol 1, No 2 (2019): JURNAL HIKMATINA
Publisher : Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA

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Abstract

Polygamy is a discussion in marriage that is most widely debated among experts in Islamic law. Among the scholars who agreed about polygamy there were those who rejected polygamy. People who accept the existence of polygamy assume that the argument in the Koran that Allah commands more than one item, while those who reject the existence of polygamy assume that this is related to gender injustice. In Islam, polygamy is believed to be one solution when a wife cannot give offspring or other social considerations. However, the acquisition of polygamy was required by prioritizing fairness among wives. If you feel that you are unable to do justice, you are prohibited from doing polygamy. Islamic scholars also differ in addressing the meaning of justice in polygamy. Like the Shafi'i School of Law which requires to do justice in polygamy.Key Word : Justice, Polygamy, Madzhab Syafi'i
Co-Authors Ahmad Subekti Fathurrahman Alfa Khoirul Asfiyak Mohamad Satria Negara Muhammad Mualimur Rifqi Nor Hidayatullah