PERBANDINGAN HUKUM KEABSAHAN PERKAWINAN YANG TIDAK MENDAPAT IZIN POLIGAMI MENURUT SYARIAT ISLAM DENGAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

Marriage in Indonesia is stipulated in Law No. 1 of 1974 on Marriage, and Government Regulation of the Republic of Indonesia No. 9 of 1975 on the implementation of Law No. 1 of 1974. Then for muslims apply also Presidential Instruction No. 1 of 1991 on Compilation of Islamic Law as a complement to Law No. 1 of 1974 on Marriage. In terminology, polygamy is a man having more than one wife or, a man with more than one wife, but is limited to at most four people. The existence of certain conditions stipulated in the Marriage Law and Islamic sharia make a difference related to the validity of polygamy. The problem and purpose of this study is to know the validity of marriage because it does not get polygamy permission from the first wife according to Islamic Sharia and the validity of marriage because it does not get polygamy permission from the first wife according to Law No. 1 of 1974 on Marriage. The theory used is a legal comparison theory according to Van Apelddorn. The research method used is normative research method, as well as using legal material collection technique in library study by collecting primary legal materials and secondary legal materials. Based on the results of the study, according to Islamic Sharia, if without permission from the first wife it is valid as long as the husband can be fair as in Q.S An-Nisa paragraph 3, but if it cannot be fair then only one wife (monogamy). The husband can be polygamous without the need to ask permission from the first wife, but the husband is required to inform his wife in advance before committing polygamy. While according to Law No. 1 of 1974 on Marriage, if the husband who wants to have more than one wife must obtain prior permission from the Religious Court. In addition, polygamous marriages performed without the consent of wives are invalid because they do not have a permanent legal force and polygamous marriage is considered to have never occurred.