Polygamy Permission From The Perspective Of Maqashid Al-Syariah (Study Of The Judge's Decision In Palu Religious Court Class 1 A)

Abstract

This is what then makes judges carry out ijtihad outside the context of the law by interpreting or contra legem as specified in the explanation of article 1 of Law no. 4 of 2004 concerning Judicial Power, and article 5 paragraph (2) of Law no. 1 of 1974 concerning Marriage. (2) Islam has regulated polygamy with predetermined conditions such as fulfilling a fair and capable attitude. Of course, not every case of polygamy in PA Palu Class 1 A is motivated by reasons as outlined by Islam, but they vary. Maqashid Al-Syariah is not burdensome, but rather lightening, with the existence of maqashid al-syariah as a pillar in doing good things, in polygamy maqashid al-syariah is really needed, because it has benefits for people who want to do polygamy, of course they don't run away from it. fair nature, financially capable, and other things. And the judge's decision can be given to the polygamist applicant with a decision of either acceptance or rejection, seen again from the perspective of benefit and being able to do justice to his wifes.