Analisis Putusan Pengadilan Agama Tigarksa Nomor: 2598/PDT.G/2018/PA.TGRS Tentang Syarat Fakultatif dan Kumulatif Izin Poligami Menurut Perspektif Teori Maslahah Mursalah

(Studi Kasus Pengadilan Agama Tigaraksa)

Abstract

The purpose of this study was to determine the facultative and cumulative requirements for polygamy permits from the perspective of the theory of Maslahah Mursalah. To findiout the legal considerations in terms of the facultative and cumulative requirements for polygamy permits in the decision 2598/Pdt.G/2018/PA.Tgrs. The research method used is normative legal research, namely research that focuses on secondary and primary materials (laws thathave binding power) and then analyzed qualitatively. The subject matter of the study comes from the quality  of the rule of law it self, legal principles, legal doctrines, and supporting information regarding the law related to the problem being studied. Based onithe results ofithe research, the authors get several conclusions, namely: the perspective of maslahah mursalah, the harm must be eliminated. In this case the husband is polygamous without first asking permission from his previous wife, then his polygamy will obviously reap big problems and also harm in the household, such as: Causing jealousy between wives, Causing worries and anxiety among wives if the husband cannot act fairly, Children- children born to different mothers are very prone to hostility or unfair competition, and chaos in the economic field. In theidecision 2598/Pdt.G/PA.Tgrs, the wife's or wives' consentican be given in writingeor orally, even though the written consent must be reaffirmed verbally at the trial.