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Journal : Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat

POLIGAMI TANPA IZIN ISTERI: PERSPEKTIF HUKUM ISLAM DAN POSITIF Marpaung, Zaid Alfauza; Irham, Muhammad Iqbal; Zein, Achyar
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9476

Abstract

The purpose of this article is to discuss the impact of polygamous marriages without the consent of the wife from the perspective of positive and Islamic law. Polygamy that is carried out secretly without the wife's permission or knowledge causes many disputes that disrupt household harmony and even lead to divorce. This is because the wife does not accept it, feels betrayed, and hurt. Indonesian marriage law basically adheres to the principle of monogamy. However, there are exceptions for men who can have more than one wife, with the condition of the wife's permission. The method used is normative legal research through a conceptual approach and legislation, whose data comes from primary, secondary and tertiary legal materials. The data is then collected and analyzed qualitatively. The results showed that polygamous marriages secretly without the knowledge and consent of the wife are unlawful. The legal consequences of such violations can be prosecuted criminally as stipulated in Article 279 of the Criminal Code and can be requested for annulment to the court. From the point of view of Islamic law, polygamous marriages are allowed in emergency situations that prioritize justice and the goal of benefit. If these conditions cannot be met and the marriage is detrimental to the household, then polygamy is haram.  Keywords: Marriage, Polygamy, Wife's Permission, Islamic Law, Positive Law
Perkawinan Adat Urak Tanah Ulu Muarasipongi : Perspektif Hukum Islam Aminudin, Aminudin; Irham, Muhammad Iqbal; Zein, Achyar
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 24, No 1 (2024): Edisi September 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v24i1.9955

Abstract

This study describes the traditional marriage of Urak Tanah Ulu Muarasipong from the perspective of Islamic law. The Urak Tanah Ulu Muarasipongi marriage ritual uses the expression, firstly kawinan Sumendo which means that the man does not offer the dowry to the woman, but the woman offers and gives the dowry to the man. Urak Tanah Ulu Muarasipongi, the dowry given to men is called “pick-up money”. Second, tobenda marriage (wasted marriage), which is a marriage that comes from one descendant. Couples who are expelled from the village will only be able to return to the community if they have paid a fine. The amount of the fine is determined based on the decision of the adat deliberation. The fine is quite large, even this Tobenda marriage couple cannot pay it, because the community itself does not want to accept the couple back. Qualitative research methods were used to obtain information about customary marriage in Urak Tanah Ulu through collecting data, observation, and interviews. The results show that first, the tradition of Sumendo women proposing marriage to men is motivated by cultural and social factors. They believe that the long-established tradition can influence a woman's obedience to her husband and this is considered good. Second, Tobenda marriage, the Urak Tanah Ulu community considers inter-tribal marriage a taboo marriage, they consider people of the same tribe to have the same blood and descent. Keywords: Marriage, Urak Tanah Ulu, Kawin Sumendo, Kawin Tobenda, Islamic Law