Rishadi, Andi (2023) Urgensi Hak Anak dalam Memberikan Izin Berpoligami Perspektif Hak Asasi Manusia dan Sadd adz-Dzarî’ah. Tesis, Pascasarjana.

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ABSTRAK

This research was conducted based on the observation that in social life it‟s not uncommon to find polygamous families. This may seem commonplace, but not many polygamists think about the impact of polygamy itself. Children are often the losers in polygamous families, both physically and psychologically. The involvement of children in giving permission for polygamy to their parents is very potential in this era. The permit acts as an effort to protect the possibility of threats to children‟s rights and discrimination within the family. If so far the rights of wife to be polygamous are protected by law, then children‟s rights should also be taken into consideration. Like a wife, children also have the right to have their opinions heard when their father wants to practice polygamy. This type of research is normative legal research, using a philosophical approach, historical approach, and analytical approach. The legal materials used consist of primary, secondary and tertiary legal materials. The three legal materials were collected using documentary study techniques, after that they will be analyzed qualitatively. To answer the formulation of the problem, will be used the theory of legal protection, the theory of justice, the theory of marriage, procedures for polygamy, the theory of human rights and the theory of sadd adz-dzarî‟ah. The study‟s results show that from a human rights point of view, the participation of children in granting permission for polygamy is urgent, given the large number of children who are victims of violence and their human rights are neglected. Granting rights to children in the process of licensing polygamy is part of an effort to guarantee the survival of children and these rights are given for humanitarian reasons regardless of the age of the child, be it male or female. Meanwhile, from a review of the sadd adz-dzarî‟ah method, polygamous marriages without involving the permission of the wife and children are included in the dzarî‟ah criteria because it has potential to bring harm to the children and wife. If the polygamous marriage is hidden, it can also cause opacity in offspring.

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