Legal Protection for the Partnership Agreement Parties
Vol 23 No 2 (2023): December 2023

Refusal of Polygamy Permit in Religious Court Decision: Criticism of Gender Justice Against Judge’s Legal Reasoning

Lukman Santoso (Faculty of Sharia IAIN Ponorogo, Indonesia)
Arij Amaliyah (Fakultas Syariah IAIN Ponorogo)
Miftahul Huda (Faculty of Sharia IAIN Ponorogo, Indonesia)

Article Info

Publish Date
31 Dec 2023

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.

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Journal Info
Legal Protection for the Partnership Agreement Parties
Website

Abbrev

al-risalah

Publisher

Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, ...