Dampak Hukum Perjanjian Pranikah Dengan Pengajuan Syarat Untuk Tidak Poligami di Pengadilan Agama

Ainun, Nur (2018) Dampak Hukum Perjanjian Pranikah Dengan Pengajuan Syarat Untuk Tidak Poligami di Pengadilan Agama. Other thesis, Universitas Islam Riau.

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	Text 4 DAFTAR ISI.pdf Download (378kB)
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Abstract

Usually an agreement allows problems in achievement, namely not achieving goals (if one party does not fulfill its obligations), and circumstances that are not intended (if losses due to acts against the law) occur. The prenuptial agreement is related to the requirement that polygamy does not affect its achievements, but on the other hand in certain circumstances it will clash with the provisions of the law of polygamy. The main problem of this research: First, what is the validity of the prenuptial agreement with the submission of conditions for not polygamy? Second, what is the impact of prenuptial agreement law with the submission of conditions for not polygamy to be linked to the legal basis of polygamy? This type of normative legal research refers to the legal norms contained in the legislation and court decisions. The results of the study explain that if a prenuptial agreement requires that polygamy is not related to the legal basis of polygamy, then the agreement can be canceled because the requirements have the potential to conflict with the law. While Law No. 1 of 1974 concerning Marriage has provided an exception to polygamy, see Article 3 paragraph (2) jo Article 5 paragraph (1) regarding its requirements. In addition to the reasons for remarriage must be clear, KHI also provides other conditions for obtaining permission from the Religious Courts. Let's say that the requirements of polygamy have been fulfilled while the husband's right to polygamy is hindered by the existence of a prenuptial agreement that requires no polygamy. Because of the prenuptial agreement which requires polygamy to exceed future conditions that no one can know about. If the unknown future conditions are linked to a prenuptial agreement with the requirements for not polygamy then this can lead to legal problems. Such a prenuptial agreement in the view of the Shafi'i school of thought can be said to violate the conditions which are prohibited by religion and forbidden to comply, because aborting their rights combine. About this opinion there is a different opinion. The impact of prenuptial agreement law with the submission of conditions for not polygamy is related to the legal basis of polygamy, there are different views. The author follows the view of the Shafi'i school which argues that the prenuptial agreement which contains the requirement to prevent husbands from polygamy is useful only for women. This school says that, the above conditions are considered to be forbidden to the halal, such as the requirement to not marry (polygamy). The problem of polygamy in addition to being linked to a noble goal is also required by the ability of the person who does it to be able to act fairly if he feels afraid that he cannot act fairly, then he is obliged to not polygamy. The polygamy skills mentioned in Sura al-Nisa 'verse (3), is a skill that is complicated and tightened. According to him polygamy is permitted only in an emergency that can only be done by people who really need it.

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