DIGITAL LIBRARY



JUDUL:PERLINDUNGAN HUKUM BAGI ISTRI DAN ANAK DALAM PERKAWINAN POLIGAMI YANG MENDAPATKAN IZIN DARI PENGADILAN AGAMA
PENGARANG:RISTI NOTARITI, S.H
PENERBIT:FAKULTAS HUKUM
TANGGAL:2018-02-01


Keywords : Legal Protection, Poligamy, Justice

 

The aims of this research ar to analyze the rights of the wives and children in a poligamous marriage wich has obtained permit from the Religious Court, and to analyze the concept of devision of the marital property in a poligamous marriage acording to the legislation. This research in normative legal research by studynig the library resources which covers the statutory regulations and the auothority of the judges of the Religous Court to grant the poligamy permit.

 

The resulth of the research shows that the right of the wives and the children in a poligamous marriage is fair (just) in providing the living exspenses to the wives and children in  accordance with the economic condition of the husband who has done the poligamy. Just (fair) in sense of spiritual comfort is in a from of love and care. It is not clearly regulated in Act Number 1 of 1974 and the Compilation of Islamic Law (KHI), however, the are some references which tend to regulate the the rigth of the wives and the children in a marriage. The concept of the division of marital property in a a poligamous marriage is the marital property of a husband having more than one wife is separate and the independent, it is counted from the time of the occurance  of the second marriage. The marital property in a poligamous marriage can be divided in the event of divorce or death. The calculation is the firts wife w


ill get half of the marital property with the husband during their marriage, plus one third of the marital property obtained by the husband during his life with the first wife and the second wife, plus one the fourth of the marital property of obtained by the husband during his life with the third wife, the second wife, and the firts wife , plus one fifth of the marital obtained by the husband during his life with the fourth wife , the second wife, and the first wife.

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