Hesti Juli Yanti, Memet Isa Bahrudin

Penyelesaian Sengketa Perkawinan Izin Poligami Di Pengadilan Agama Dalam Perspektif Hukum Positif

Introduction

Penyelesaian sengketa perkawinan izin poligami di pengadilan agama dalam perspektif hukum positif. Telusuri penyelesaian sengketa izin poligami di Pengadilan Agama. Kajian hukum positif dan Islam mengungkap syarat poligami, kemampuan ekonomi, dan keadilan sesuai An-Nisa (3).

Abstract

Polygamy is an issue that continues to be controversial with various pros and cons, every man who wants to have more than one wife must first apply for a polygamy permit. Therefore, this study aims to examine the resolution of marital disputes on polygamy permits in the Religious Courts. This research method uses qualitative research laws that emphasize understanding problems in life, this research is carried out by means of literature study. The results obtained in this study are basically positive law and Islamic law allows polygamy with various conditions and agreements, besides that men must be economically capable, they must also be able to ensure fairness as in Surat An-Nisa verse (3).

Review

The paper addresses a highly relevant and continuously contentious issue: the resolution of marital disputes pertaining to polygamy permits within the Religious Courts. The title, "Penyelesaian Sengketa Perkawinan Izin Poligami Di Pengadilan Agama Dalam Perspektif Hukum Positif," clearly indicates the scope, focusing on the legal framework governing such sensitive matters. The abstract effectively outlines the paper's core objective, which is to investigate how these specific disputes are handled, thereby setting a clear expectation for the reader on a topic that holds significant societal and legal implications, particularly in jurisdictions where Islamic law and positive law intersect on family matters. The research employs a qualitative methodology, specifically described as "qualitative research laws that emphasize understanding problems in life," carried out through a literature study. This approach is appropriate for exploring the nuances of legal perspectives and societal interpretations surrounding polygamy permits. The abstract's findings highlight that both positive law and Islamic law sanction polygamy, albeit under stringent conditions, notably emphasizing economic capability and the paramount requirement for fairness, referencing Surat An-Nisa verse (3). This demonstrates an intention to integrate both legal frameworks in the analysis, which is a commendable interdisciplinary strength. Overall, the study appears to offer valuable insights into the legal parameters of polygamy permits and their dispute resolution. While the abstract sufficiently introduces the topic and method, a more detailed preview of the unique contributions regarding the "resolution of disputes" itself—beyond just the legality of polygamy—would further strengthen its initial appeal. For instance, the full paper would benefit from elaborating on the specific mechanisms and practical challenges faced by Religious Courts in adjudicating these disputes, perhaps with illustrative examples or a deeper analysis of judicial interpretations. Nevertheless, the paper promises to contribute significantly to the understanding of a complex legal and social issue.

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