KEABSAHAN POLIGAMI KARENA ISTRI TIDAK DAPAT MEMENUHI KEWAJIBAN MENURUT HUKUM ISLAM

oai:ojs.localhost:article/14ABSTRACT Marriage is the inner and outer bond between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on the One Godhead. Polygamy is a marriage between a man with more than one woman at the same time. According to Islam, polygamy is permissible for a Muslim man married with four women, if able to maintain and be fair to his wives in providing a living and dividing the time of their turn. If it cannot be fair, then marry only one. The purpose of marriage according to Islamic Law is to satisfy the needs of the human’s physical and spiritual life, to form family and keep and also to continue the ancestry in living his life in the world and to prevent adultery in order to create peace and tranquility of family and society. To obtain a legitimate ancestry in society by establishing a peaceful and orderly home. Based on the case Number 443/Pdt.G/2015/PA.Dps. On the application for polygamy permit registered in the Religious Court of Denpasar, the petition entered in the case of polygamy permits was limited to applications based on the reasons or factors causing polygamy due to the incurable wife's disease and because of the husband's heightened sexual needs so that the wife could not serve her duties as a wife. In deciding the case of polygamy, preferably the benefit of the harm because the principle of benefit does not conflict with the interests and needs of society. Welfare in the sense of Islamic law basically wants to realize the essential goodness of life for human beings, both individually and socially. Marriage is like a double-edged knife. If held by the right person, it will be useful. Otherwise, if held by the wrong person, it would cause danger, not only for the perpetrators, but also for those around him. The consequences arising from the application of a permit granted by the court is the basis for the marriage between the Petitioner and the second wife and the validity of the child who will be born by the second wife candidate. In relation to this polygamy permit case, that the judge gave the decision of the granting of the petition because the judges held the principle of freedom that is the judge in giving a decision against the parties who were litigant should be based on belief and should not be affected by other parties, in addition the judges had considered the enough evidence and there is a statement from the first wife that willingly and do not mind in polygamy. Keywords: Polygamy, Can’t Fulfill the Obligation, Islamic La