SANKSI TERHADAP SUAMI YANG BERISTRI LEBIH DARI SATU TANPA PERSETUJUAN ISTRI ATAU ISTRI-ISTRINYA

B, Burhanuddin. (2011) SANKSI TERHADAP SUAMI YANG BERISTRI LEBIH DARI SATU TANPA PERSETUJUAN ISTRI ATAU ISTRI-ISTRINYA. S1 thesis, UAJY.

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Abstract

Marriage is a spiritual bond between a man and a woman as husband and wife in order to establish a happy and everlasting family based on the belief in one god only. Recently, polygamous marriage practice has been conducted without the consent of the existing wife or wives. The permission of the polygamous marriage has always been granted by the religious court. It is expected that the cases of polygamy will more favor the wives in terms of their right protection. This research aimed to identify the reasons that a husband performed a marriage with more than one wife with no wife or wives consent and what legal sanctions would be effective for husband performing marriage with no consent from his wife or wives. This was a normative legal research investigating positive legal norm concerning legal regulations referring for division. Deductive reasoning was used in this research. Result of this research showed that in polygamous marriage application proposal, wife’s consent was imperative or absolutely required. The wife’s statement should be in written form or verbally spoken before the court. A wife refers to a woman who has marriage or owns a husband. A husband is a man as the legal spouse of a woman. Wives refer to a women marriage by a man under the consent of the religious court.

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