Academia Open
Vol 8 No 1 (2023): June

Legal Ambiguity of the Able Requirement for a Husband to Practice Polygamy in Indonesia

Fahmi Shahab (Universitas Muhammadiyah Sidoarjo)
Moch Tanzil Multazam (Universitas Muhammadiyah Sidoarjo)

Article Info

Publish Date
26 Jun 2023

Abstract

This study examines the meaning of "mampu" or "ability" in Article 5 Paragraph 1 letter (b) of Law No. 1/1974 on Marriage, which serves as a requirement for a husband to practice polygamy in Indonesia. Through a normative legal research method with a statutory approach, the study finds that "mampu" refers to the husband's ability to provide for the needs of his wives and children, including clothing, shelter, and food, based on his income and monthly expenses during his previous marriage. The research emphasizes that "mampu" is a prerequisite for husbands to practice polygamy, ensuring that they can fulfill the needs of all their wives and children while providing legal protection for their first wife and children. Highlights: Study analyzes criteria for polygamy in Indonesia. Husband's ability to provide for family is a key factor. Legal research and deductive methods used for analysis. Keyword: Polygamy in Indonesia, Able requirement, Legal ambiguity, Law No. 1/1974 on Marriage, Normative legal research

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Journal Info
Academia Open
Website

Abbrev

acopen

Publisher

Universitas Muhammadiyah Sidoarjo

Subject

Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Computer Science & IT Earth & Planetary Sciences Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Physics Social Sciences Other

Description

Academia Open is published by Universitas Muhammadiyah Sidoarjo published 2 (two) issues per year (June and December). This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This ...