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All Journal Legal Protection for the Partnership Agreement Parties
Lukman Santoso
Faculty of Sharia IAIN Ponorogo, Indonesia
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Refusal of Polygamy Permit in Religious Court Decision: Criticism of Gender Justice Against Judge’s Legal Reasoning Lukman Santoso; Arij Amaliyah; Miftahul Huda
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1472

Abstract

This study aims to determine and analyse the judges' considerations using gender justice in the Decision of the Madiun District Religious Court Number 1512/Pdt.G/2022/PA.Kab.Mn. Normatively, the permissibility of polygamy rests on the wife's consent and the husband's ability to be fair. In this case, the problem started with applying for a polygamy permit after the Applicant married his second wife. Argumentation: The Applicant, who was married before applying polygamy, was considered unlawful. This is doctrinal legal research with a case, conceptual, and statutory approach. Data sources for this research are court decisions, laws and regulations, books, journals, and research results. This research provides a conceptual basis for judges in making decisions on applications for polygamy licenses based on gender equity so that justice in society is created objectively.
Co-Authors Arij Amaliyah Miftahul Huda