1 research outputs found
Pasal 56 Ayat (1) Kompilasi Hukum Islam Terkait Izin Pengadilan agama Sebagai Syarat Berpoligami Ditinjau dari Pandangan Fikih
Permitting polygamy is an issue that has caused much controversy, both among the public and among religious courts. In Islamic law, there is no evidence that directly regulates the permission of polygamy, especially related to permission from religious courts as stipulated in Article 56 Paragraph (1) of the Compilation of Islamic Law which makes the permission of religious courts a condition for polygamy for those who are Muslim. The research method used is Normative Juridical (library research) focusing on positive law, principles and rules, and comparative law Stature approach and conceptual approach by reviewing article 56 paragraph (1) of the Compilation of Islamic Law on court permission as a condition of polygamy which will be more specific to the permit granted by religious courts in considering the application for permission reviewed by Islamic jurisprudence. The results of the study of religious court permits are ijtihad to protect the rights of every individual involved in it. As well as legal proceedings for violators of article 56 Paragraph (1) of the Compilation of Islamic Law can be processed criminally contained in articles 279 and 284 of the Criminal Code and Civil in the form of annulment of marriage as in Article 71 Paragraph (1) of the Compilation of Islamic Law concerning the annulment of marriage which explains that polygamy without the permission of religious courts can be annulled