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| The Requirements of Polygamous Marriage on National Regulations and Islamic Law Perspective
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Rohmadi, Wahyu Abdul Jafar
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Abstract:
This study aims to determine the polygamous marriage requirements both in state law and in Islamic Law. This study is research literature with a normative juridical approach. The data collection technique used in this research is the documentation technique. The analytical method used in this research is descriptive qualitative, where the author will describe the data related to polygamous Marriage first in detail and then analyze it inductively. After conducting in-depth research, it is known that polygamous marriages in Indonesia do not ignore women's rights. Polygamous marriages in Indonesia, both under state law and Islamic Law, have stringent requirements. This requirement is deliberately made to protect the rights of polygamous wives. As long as these requirements are met, the negative impacts that arise in the future can be minimized. The emergence of adverse effects from polygamous marriages is usually due to the non-fulfillment of these requirements. Many polygamous marriages are carried out illegally or under the hand (not through a court). The protection of polygamous wives' rights is in line with the marriage principle adopted by the Indonesian state, namely the code of limited polygamous Marriage. Marriage law in Indonesia (State law and Islamic Law) allows this with strict conditions for a man who wants another wife. These requirements include the following: (1) a wife cannot carry out her obligations as a wife; (2) The wife has a disability or an incurable disease; (3) The wife cannot give birth to children. Other requirements must be met: (1) the man concerned has sufficient income to finance more than a wife and children, as evidenced by an income tax certificate. (2) There is a written guarantee from the man concerned that he will treat his wives and children fairly.
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