MASLAHAH DALAM PERTIMBANGAN HUKUM HAKIM PADA PUTUSAN IZIN POLIGAMI NOMOR 0020/Pdt.G/2017/PA.Mn

Authors

  • Izzat Abdika Mukalafin IAIN Ponorogo

Keywords:

Maslahah, Judge's Consideration,, Polygamy Decision,

Abstract

Abstract: Maslahah actions that encourage human inspiration or anything beneficial to humans. This is in the decision of the Madiun City Religious Court number 0020 / Pdt.G / 2017 / PA. If the judge only grants the application for permission to practice polygamy and rejects the application for separation of joint assets, the decision is not presented on the verdict.

The method used in this research is a qualitative research method that produces descriptive analysis data. Primary data is in the form of a judge's decision at the Madiun City Religious Court Number 0020 / Pdt.G / 2017 / PA.Mn. Secondary sources are library materials in the form of books and interviews with judges.

The results of this study were three reports, namely 1). That the verdict with case number 0020 / Pdt.G / 2017 / PA.Mn is by the Maslahah Dzaruriyyah principles because improving religion, soul, mind, descent and property have been fulfilled. There is only one thing that has not been fulfilled regarding assets, so a more significant issue must come first. 2). Whereas the problem of written evidence has been formally or materially fulfilled, but in the evidence that joint assets are not by the law, the judge rejects it and is by your maslahah. The benefit is not supported by syara '. 3). Whereas maslahah in the evidence, including maslahah hajjiyah, the evidence is not maximal or the witness is still doubtful, the witness only knows it. Not according to the material requirements (Article 171 HIR / 308 RBg) to see, hear, and experience it yourself. So the judge gave relief to the parties to support the fulfilment of the maintenance of religion, soul, mind, descent and property.

Keywords: Maslahah, Judge's Consideration, Polygamy Decision

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Published

2021-01-26

How to Cite

Abdika Mukalafin, I. (2021). MASLAHAH DALAM PERTIMBANGAN HUKUM HAKIM PADA PUTUSAN IZIN POLIGAMI NOMOR 0020/Pdt.G/2017/PA.Mn. Journal of Islamic Science, Culture &Amp; Social Studies, 1(1), 48–60. Retrieved from http://journal.ascarya.or.id/index.php/iscs/article/view/4