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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Tahkim (Jurnal Peradaban dan Hukum Islam) Usroh: Jurnal Hukum Keluarga Islam JUSTISI: Journal of Law Al-Syakhsiyyah : Journal of Law and Family Studies Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Bayani COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Syakhshiyyah Jurnal Hukum Keluarga Islam Mawaddah: Jurnal Hukum Keluarga Islam
Abdulah Pakarti, Muhammad Husni
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Putusan Hakim Dalam Menuntaskan Sengketa Perkawinan Poligami Di Indonesia Nuryamin, Nuryamin; Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Hilal Nu'man, Mohamad
JUSTISI Vol. 9 No. 2 (2023): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v9i2.2303

Abstract

Polygamy only applies to those who according to law and religion allow their husbands to have multiple wives. This is explained in the general description of the Marriage Law Point 4c, which states: As permissible by law and the religion concerned, a husband can have multiple wives only if the parties so desire. The court has absolute power to negotiate on the basis and conditions of the polygamy permit application and the court has the authority to try and make decisions in the form of legal considerations and reasons. The scholars, the Prophets of the Qur'an and Hadith, depending on the case. In order not to harm the parties in the proceedings, cases decided in court must have clear reasons. Courts need such evidence to determine their case. Article (1) Law Number 7 of 1989 concerning the Religious Courts regulates all court decisions with reasons, and special provisions or relevant legal written sources used as the basis for decisions.
Harmonizing the Iddah Period for Women Divorced Outside the Court According to KHI and Fiqh Law Farid, Diana; Abdulah Pakarti, Muhammad Husni; Mabruri, Kemal Al Kautsar; Kusmardani, Alex; Lestari, Elly
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jurnaljustisi.v10i1.2455

Abstract

Legal harmonization determining the iddah period for divorced women outside of court between Law No. 1 of 1974 and the Compilation of Islamic Law is still an unresolved issue in Indonesia. This study aims to identify the differences and similarities between the two laws, as well as provide recommendations on the proper harmonization of laws for divorced women outside the court. This study uses comparative analysis methods and interviews with Islamic jurists. The results of the study show that there are differences in determining the iddah period between the two laws, and the proper harmonization of law by enforcing Islamic law that is in line with the social and cultural context of Indonesian society. It is hoped that the results of this research can become input for legislators and the public in formulating legal policies that are fair and in accordance with Islamic teachings and the social context in Indonesia.
The Role of Family Law in Confronting Polygamy Practices in Contemporary Society Abdulah Pakarti, Muhammad Husni; Utama, Sofyan Mei; Farid, Diana; Mabruri, Kemal Al Kautsar; Fathiah, Iffah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 3 No 2 (2023): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/syakhshiyyah.v3i2.7614

Abstract

Polygamy is a marital practice in which a man simultaneously has more than one wife. In contemporary society, this practice often poses various legal and social challenges. This study aims to analyze the role of family law in regulating polygamy, protecting individual rights, and maintaining a balance between religious freedom and women's rights. Family law plays a central role in ensuring that polygamy is conducted with the principles of justice, equality, and protection of the wives' rights. This research uses a qualitative method with a literature study approach. In contrast, this research's primary and secondary sources are journals published with national and international reputation indexes, as well as books, laws, and so on that support this research. Data analysis uses description analysis, data following the actual, and then the data is compiled, processed, and analyzed to provide an overview of the existing problems. The results show that polygamy remains a controversial issue in contemporary society. Family law is essential in regulating and dealing with this practice, significantly impacting individuals, families, and communities. This research provides a further understanding of the complexity of the role of family law in the context of polygamy. It can serve as a basis for further discussion on regulating and protecting individual rights in a changing society.
Co-Authors Abdurrohman, Yusup Banaesa, Iba Basuni, Ilyas Diana Farid Edy Saputra Elly Lestari Farid, Diana Fathiah, Iffah Hendriana Hendriana Hendriana, Hendriana Hilal Nu'man, Mohamad Husain Husain Iffah Fathiah Judijanto, Loso Julisa Sistyawan, Dwanda Kadir, Taqyuddin Kemal Al Kautsar Mabruri Kurniawan, Lexy Fatharany Kusmardani, Alex Mabruri, Kemal Al Kautsar Mukhlas, Oyo Sunaryo Noor, Tajuddin Nurdin, Rahmat Nuryamin Nuryamin, Nuryamin Nu’man, Mohamad Hilal Pian, Happy Ridwan, Ahmad Hasaan Saebani, Beni Ahmad Sofyan Mei Utama Sofyan Mei Utama, Sofyan Mei Syuhada, Otong Tajul Arifin Wahidin, Jenal Zulkifli Makkawaru