Ramadhan, Mufti (2019) Urgensi Persetujuan Istri dalam Pernikahan Poligami dalam Pasal 5 Ayat 1 Huruf (a) Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan (Analisis Sadd Adz-Dzarî'ah). Tesis, Syariah.

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ABSTRAK

Mufti Ramadhan; The Approval Urgency of the Wife in Polygamy Marriage in Article 5 Paragraph 1 Letter (a) Laws Number 1 of 1974 Concerning Marriage (Analysis Sadd Adz-Dzarî'ah), under the guidance of: I. Prof. Dr. H. Akh. Fauzi Aseri, MA. dan II. Dr. H. Jalaluddin, M.Hum., of Postgraduate Universitas Islam Negeri Antasari Banjarmasin (2019). Keywords: Wife Approval, Polygamy, Marriage Law, Sadd Adz-Dzarî'ah. Islamic law gives the husband the right to polygamy. Basically, the Marriage Law adheres to the principle of monogamy, but in order to accommodate the facts of Islamic law, the Marriage Law also open for polygamy marriage to take place. According to the Marriage Law, polygamy must have the conditions stipulated in Article 5 Paragraph 1; (a) there is agreement from the wife/wifes, (b) there is certainty that the husband is able to guarantee the life needs of his wives and children, and (c) there is a guarantee that the husband will be fair to his wives and their children. The issue in the rule is that classical Islamic law experts never mentioned the terms of the wife's agreement in polygamous marriages as in Article 5 Paragraph 1 of the Letter (a) of the Marriage Law. This is where the research departs, namely to try to examine the urgency of wife's agreement in Article 5 Paragraph 1 Letter (a) Marriage Law from the perspective of sadd adz-dzarî'ah and from the perspective of modern Islamic law. The type of this research is normative legal research with a legal and analytical approach. This study uses primary, secondary, and tertiary legal materials. The technique for collecting all three legal materials is documentary study. Then, analyze it qualitatively, and the results are specifically concluded. The results of the study show that the wife's agreement stipulated in Article 5 Paragraph 1 Letter (a) is an urgent requirement for the perspective of sadd adz-dzarî'ah. The quality of the polygamous marriages which are not approved by the wife are categorized in the dzarî'ah criteria which must be prevented. Wife's agreement is a barrier that closes the door of such obedience. In addition, the benefit of the wife's agreement is stronger and clearer than her obedience. From the perspective of modern Islamic law, the requirement for a wife's approval is in accordance with the concept of jurisprudence which accepts change, in accordance with the characteristics of Islamic law and its purpose is towards one of the objectives of Islamic law, namely raising offspring. In addition, the terms of the wife's agreement with Islamic morality are maintained in every law and rule, also as a form of renewal of Islamic law, especially for laws concluded from the argument of zhanni, which accepts reinterpretation, in order to achieve the desired rule of law.

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