WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT
This study discusses the considerations of the judges of the Magelang Religious Court in granting permission for polygamy. In this case, the applicant applied for permission to practice polygamy because his first wife had a mental disorder. This study aims to determine judges' Islamic legal con...
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| Format: | Article |
| Language: | Arabic |
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LP2M UIN Kiai Haji Achmad Siddiq Jember
2023-12-01
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| Series: | Al ' Adalah |
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| Online Access: | https://aladalah.uinkhas.ac.id/index.php/aladalah/article/view/352 |
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| author | Shanti Maharanti Rochi M. Ali Mubarok |
| author_facet | Shanti Maharanti Rochi M. Ali Mubarok |
| author_sort | Shanti Maharanti Rochi |
| collection | DOAJ |
| description | This study discusses the considerations of the judges of the Magelang Religious Court in granting permission for polygamy. In this case, the applicant applied for permission to practice polygamy because his first wife had a mental disorder. This study aims to determine judges' Islamic legal considerations in making decisions. This type of research is library research, using an analytical descriptive approach. The panel of judges, in their decision, apart from being based on the juridical aspect, also referred to the rule of fiqh: "If there are two evils threatening each other, then watch out for the one with the greater evil by carrying out the one with the least evil," then granted the petitioner's request because it was judged that the evil was much smaller than rejecting it. The petitioner's ability to act reasonably towards their wives and children is also considered to have met the requirements for polygamy as emphasized in the Qur’an (surah al-Nisa [4]: 3), so that the granting of permission for polygamy by the panel of judges is following Islamic Law and not against Indonesian Law. |
| format | Article |
| id | doaj-art-47b946da87924b579472a3f31578d047 |
| institution | Kabale University |
| issn | 1410-7406 2684-8368 |
| language | Arabic |
| publishDate | 2023-12-01 |
| publisher | LP2M UIN Kiai Haji Achmad Siddiq Jember |
| record_format | Article |
| series | Al ' Adalah |
| spelling | doaj-art-47b946da87924b579472a3f31578d0472025-02-03T05:05:25ZaraLP2M UIN Kiai Haji Achmad Siddiq JemberAl ' Adalah1410-74062684-83682023-12-0126221923310.35719/aladalah.v26i2.352356WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURTShanti Maharanti Rochi0M. Ali Mubarok1UIN SalatigaUIN SalatigaThis study discusses the considerations of the judges of the Magelang Religious Court in granting permission for polygamy. In this case, the applicant applied for permission to practice polygamy because his first wife had a mental disorder. This study aims to determine judges' Islamic legal considerations in making decisions. This type of research is library research, using an analytical descriptive approach. The panel of judges, in their decision, apart from being based on the juridical aspect, also referred to the rule of fiqh: "If there are two evils threatening each other, then watch out for the one with the greater evil by carrying out the one with the least evil," then granted the petitioner's request because it was judged that the evil was much smaller than rejecting it. The petitioner's ability to act reasonably towards their wives and children is also considered to have met the requirements for polygamy as emphasized in the Qur’an (surah al-Nisa [4]: 3), so that the granting of permission for polygamy by the panel of judges is following Islamic Law and not against Indonesian Law.https://aladalah.uinkhas.ac.id/index.php/aladalah/article/view/352polygamyislamic lawreligious courtswive’s mental disorder |
| spellingShingle | Shanti Maharanti Rochi M. Ali Mubarok WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT Al ' Adalah polygamy islamic law religious courts wive’s mental disorder |
| title | WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT |
| title_full | WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT |
| title_fullStr | WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT |
| title_full_unstemmed | WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT |
| title_short | WIFE’S MENTAL DISORDERS AS A REASON FOR POLYGAMY: A STUDY OF ISLAMIC LAW ON CASE DECISIONS AT THE MAGELANG RELIGIOUS COURT |
| title_sort | wife s mental disorders as a reason for polygamy a study of islamic law on case decisions at the magelang religious court |
| topic | polygamy islamic law religious courts wive’s mental disorder |
| url | https://aladalah.uinkhas.ac.id/index.php/aladalah/article/view/352 |
| work_keys_str_mv | AT shantimaharantirochi wifesmentaldisordersasareasonforpolygamyastudyofislamiclawoncasedecisionsatthemagelangreligiouscourt AT malimubarok wifesmentaldisordersasareasonforpolygamyastudyofislamiclawoncasedecisionsatthemagelangreligiouscourt |