Pembaharuan Fiqh Klasik Tentang Perizinan Poligami dalam Undang-Undang No.1 Tahun 1974

Abstract

Munakahat Jurisprence not the discussion of administration only is limited to the term and the pillars that contained in the text of the Koran and the Hadith about the pillars of marriage with the conditions that must be met by prosfective husband, the candidate’s wife, guardians of marriage and sighat (Ijab and Qabul). There are rights preogeratif who owned a husband like dropping talaq to his wife and marrying more than one doest exceed of four people wife in one time. With the enactment of the Law of the Republic of Indonesia Number 1 Year 1974 for a significant emerges reform of the legal provisions of Article 4 paragraph (2) The court may grant permission to the husband to marry again with conditions: First, the wife was not able to carry out its obligations as a wife. Second, the wife gets deformed body or illnesses that are not can be cured. Third, the wife can’t give bith to off spring. In Article 5 of Law Marited set the conditions that must be met by the husband who will be married more than one, namely: First the is the consent of the wife or wives. Secondly there is the certainly of a husband to ensure the needs of women and children their.Third, the assurances husband would apply just to the wives and their children. Therefore, the Religious Court is an institution that is competent to grant polygamy permission to move away from the principle of welfare and protect the rights of the wife and children.