Analysis of the Judge's Decision Regarding Polygamy Permits from the Perspective of Maqāṣhid Al-Syarī'ah in the Toli-Toli Religious Court
Abstract
This article discusses the statutory provisions that regulate the
requirements for polygamy permits intended to create public order,
provide legal protection and guarantees for rights and obligations arising
from legal relationships in terms of how important it is to obtain court
permission for polygamy, formally the urgency of granting polygamy
permits must be realized. Legal certainty, order, protection, and legal
guarantees for marriage itself. Polygamy permit provisions are
implemented to protect the interests, rights, and obligations arising from a
marriage. The method used in this research is qualitative, with data
collection techniques carried out through direct observation, in-depth
interviews, and analysis of written documents. The results of this research
show that the granting of the request for a polygamy permit was also due
to the applicant's economic capabilities and the willingness and
encouragement of the first wife for her husband to carry out polygamy.
Thus, there would be no dharar that would be affected by the first wife, so
granting the request for a polygamy permit is believed to be able to achieve
benefits for all parties involved in the marriage so that the purpose of
marriage, as in the provisions of Article 3 of the Compilation of Islamic
Law is to create a household life in which Sakinah, mawaddah, and
warahmah can be realized. So, it can be concluded that the decision of the
Tolitoli Religious Court case number 318/Pdt.G/2022/PA.Tli is still in line
with the maqashid as-shari'ah according to as-syatibi, namely protecting
religion, soul, mind, property, and lineage.