Analysis of the Judges' Decision Number 318/Pdt.G/2022/Pa.Tli Regarding Polygamy Permit in Maqasid Sharia Perspective (Study at the Class II Religious Court of Tolitoli Regency)

Abstract

Principally, the Religious Courts only grant permission for polygamy if the parties concerned have fulfilled the cumulative and alternative requirements. However, in certain circumstances, the applicants could not meet these requirements, particularly the alternative circumstances. These become a challenge for the judge in analyzing and deciding the case. Of course, the theory of maqâsid al-sharîa is the main foundation. This thesis departs from the problem how is the perspective of maqâsid sharîa on the implementation of the Judge's Decision Number 318/Pdt.G/2022/PA.Tli regarding Polygamy Permits at the Class II Tolitoli District Religious Court?

The type of research is field research, using two data collection methods, interviews and documentation. The approach used is normative through analysis of maqâsid al-sharîa and juridical through laws and regulations. Data analysis used qualitative with inductive method.

The results of the study show that the procedures and administrative requirements of case number 318/Pdt.G/2022/PATli have been fulfilled. As for the consideration of the decision of the panel of judges in granting the request for the polygamy permit was using the main basis of maslahat mursalat of the applicant, the respondent, and the prospective second wife and setting aside the alternative requirements. Based on the results of the study, it was shown that the considerations of the panel of judges had accommodated the theory of maqâsid al-sharîa Imam Syatibi, both in terms of qashdu shari' at the dharuriyat level, namely protecting religion, soul, lineage, intellect, and property, as well as in terms of qashdul mukallaf regarding the intention and purpose of the applicant that consistent with the purposes of sharia. The decision of the panel of judges brings about mashlahah and avoids harm, in which the decision of the panel of judges does not have a dharar impact on the respondent and his family.