PERSPEKTIF KEADILAN DALAM KELUARGA (Telaah Konsep Adil dalam Poligami Menurut Undang-Undang dan Kompilasi Hukum Islam)
Keywords:justice, law, polygamy, KHI, Islamic family law
Marriage actually has the goal of benefiting and prospering life. Marriage is not only important in order to achieve the happiness of human life on earth. In terms of its kinds, marriage has a lot of diversity. However, in Indonesia, marriages that have been recognized in the Marriage Law and the Islamic Law Compilation are monogamous marriages and polygamous marriages. Polygamy is not only discussed in Islam, but the government regulates it with very strict regulations regarding the requirements for practicing polygamy.
This is stated in Law Number 1 of 1974 concerning marriage as a positive response to regulating a husband who wants to marry more than one person. Republic of Indonesia Government Regulation No. 9 of 1975 concerning the Implementation of Law No.1 of 1974 concerning Marriage and in the Compilation of Islamic Law which regulates the provisions of polygamy and the requirements for polygamy for Muslims. Ideally the two regulations of Law no. 1/1974 and KHI aim to provide terms and conditions for husbands who want to remarry (polygamy). These provisions aim at at least minimizing the arbitrary attitude of husbands (men) towards wives (women). This is also for the creation of a sakinah, mawaddah and mercy family. Polygamy that occurs around us still ignores the rules of polygamy as above. Most of them practice polygamy only because of the fulfillment of lust, so they often ignore and even violate the main principles in Islamic law, namely the realization of justice and benefit.
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