Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation
This study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows polyg...
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| Format: | Article |
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Institut Agama Islam Negeri (IAIN) Curup
2024-11-01
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| Series: | Al-Istinbath: Jurnal Hukum Islam |
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| Online Access: | https://journal.iaincurup.ac.id/index.php/alistinbath/article/view/10833 |
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| author | Analiansyah Analiansyah Dhiaurrahmah Dhiaurrahmah Jamhuri Jamhuri Abdul Jalil Salam Mizaj Iskandar |
| author_facet | Analiansyah Analiansyah Dhiaurrahmah Dhiaurrahmah Jamhuri Jamhuri Abdul Jalil Salam Mizaj Iskandar |
| author_sort | Analiansyah Analiansyah |
| collection | DOAJ |
| description | This study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows polygamy, provided that men can behave justly. The divorce ruling at the Sharia Court in Aceh revealed that polygamy led to the neglect of women and other forms of domestic violence. Unfortunately, Indonesian laws and regulations do not acknowledge polygamy as a valid ground for women to petition for divorce. The study is normative juridical review in nature. The data source is a judicial ruling. The data is examined under a women's protection framework. The findings indicate that the wife initiated divorce proceedings against her husband for practicing polygamy, which contravened Indonesian marital law and the Compilation of the Islamic Law, namely polygamy conducted without the wife's consent. Furthermore, polygamy often leads to domestic abuse against the wife. Polygamy can be categorized as irresponsible when practiced by a husband lacking steady economic resources, resulting in the neglect of women and their children. This polygamy is likewise deemed a contravention of the rules of marriage in the Islamic jurisprudence. At the present time, polygamy is not recognized as the reason for divorce in the Indonesian law. This study advocates for the inclusion of polygamy without consent as a legal ground for divorce, as the current legislation recognizes only physical domestic violence as a valid justification for divorce. |
| format | Article |
| id | doaj-art-3ac6a528dcbc4deb9b3660a0e5a9d2a9 |
| institution | Kabale University |
| issn | 2548-3374 2548-3382 |
| language | Indonesian |
| publishDate | 2024-11-01 |
| publisher | Institut Agama Islam Negeri (IAIN) Curup |
| record_format | Article |
| series | Al-Istinbath: Jurnal Hukum Islam |
| spelling | doaj-art-3ac6a528dcbc4deb9b3660a0e5a9d2a92025-01-07T12:42:15ZindInstitut Agama Islam Negeri (IAIN) CurupAl-Istinbath: Jurnal Hukum Islam2548-33742548-33822024-11-019276178610.29240/jhi.v9i2.108339047Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial LegislationAnaliansyah Analiansyah0Dhiaurrahmah Dhiaurrahmah1Jamhuri Jamhuri2Abdul Jalil Salam3Mizaj Iskandar4Universitas Islam Negeri Ar-Raniry Banda AcehUniversitas Islam Negeri Ar-Raniry Banda AcehUniversitas Islam Negeri Ar-Raniry Banda AcehUniversitas Islam Negeri Ar-Raniry Banda AcehUniversitas Islam Negeri Ar-Raniry Banda AcehThis study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows polygamy, provided that men can behave justly. The divorce ruling at the Sharia Court in Aceh revealed that polygamy led to the neglect of women and other forms of domestic violence. Unfortunately, Indonesian laws and regulations do not acknowledge polygamy as a valid ground for women to petition for divorce. The study is normative juridical review in nature. The data source is a judicial ruling. The data is examined under a women's protection framework. The findings indicate that the wife initiated divorce proceedings against her husband for practicing polygamy, which contravened Indonesian marital law and the Compilation of the Islamic Law, namely polygamy conducted without the wife's consent. Furthermore, polygamy often leads to domestic abuse against the wife. Polygamy can be categorized as irresponsible when practiced by a husband lacking steady economic resources, resulting in the neglect of women and their children. This polygamy is likewise deemed a contravention of the rules of marriage in the Islamic jurisprudence. At the present time, polygamy is not recognized as the reason for divorce in the Indonesian law. This study advocates for the inclusion of polygamy without consent as a legal ground for divorce, as the current legislation recognizes only physical domestic violence as a valid justification for divorce.https://journal.iaincurup.ac.id/index.php/alistinbath/article/view/10833polygamydivorcerationalesafeguarding |
| spellingShingle | Analiansyah Analiansyah Dhiaurrahmah Dhiaurrahmah Jamhuri Jamhuri Abdul Jalil Salam Mizaj Iskandar Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation Al-Istinbath: Jurnal Hukum Islam polygamy divorce rationale safeguarding |
| title | Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation |
| title_full | Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation |
| title_fullStr | Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation |
| title_full_unstemmed | Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation |
| title_short | Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation |
| title_sort | polygamy and women s rights an examination of divorce litigation in sharia court rulings pertaining to revisions in indonesian matrimonial legislation |
| topic | polygamy divorce rationale safeguarding |
| url | https://journal.iaincurup.ac.id/index.php/alistinbath/article/view/10833 |
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