Firamadhan, Farrel (2023) Tinjauan Yuridis Terhadap Poligami Dalam Perspektif Maqashid Asy- Syariah Berdasarkan Undang-undang No 16 Tahun 2019 Atas Perubahan Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan. Other thesis, Universitas Islam Riau.

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Abstract

Polygamy is a marriage bond between a husband and more than one wife at the same time. In the Marriage Law, polygamy is permissible, and also in the Qur'an, polygamy is permissible as long as the conditions are fair to his wives and children, he has a lot of finances for his wives and their children, and polygamy is allowed for a maximum of four wives. If you are unable to carry out the requirements of polygamy, then do not practice polygamy. There are many men who want polygamy but do not understand the contents of these regulations that have been made by agencies or courts and who want to do so because they feel dissatisfied with one wife and therefore want to have another wife. Polygamy procedures are subject to the provisions of Law No. 16 of 2019 regarding amendments to Law No. 1 of 1974 concerning marriage, and the Compilation of Islamic Law follows the principles of Maqashid Ash-Syariah. Maqashid Syariah consists of two words, namely Maqashid, which means intentional or objective, and Syariah, which means the way to a water source, so Maqashid Syariah is Allah's goals or secrets that exist in every Shari'a law. The problems in this research are as follows: First, what is the concept of polygamy according to Marriage Law Number 16 of 2019 regarding Amendments to Law Number 1 of 1974 concerning marriage. Second, what is Maqashid AsySyariah's review of polygamy in Law Number 16 of 2019 regarding Amendments to Law Number 1 of 1974 concerning Marriage. The research method used in this research is normative legal research. This normative legal method is a type of research that refers to the law of literature. This research is carried out based on documents and other legal materials. The results of the research and discussion that the authors had are as follows: First, in the Marriage Law and the Qur'an, polygamy is permissible as long as they are fair to their wives and children, have a lot of finances for his wives and children, and have no more than four wives. Second, there are five main elements of polygamy in the perspective of Maqashid Asy-Syariah: maintenance of the soul, maintenance of the mind, maintenance of offspring, and maintenance of property. The polygamy permit aims to create public order and provide protection, rights, and obligations that arise from legal relations in terms of the realization of legal certainty, order, protection, and legal guarantees for the marriage itself, in accordance with several Maqasid Sharia concepts in the form of soul care and maintenance of offspring or honor.

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