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This study discusses the judge’s considerations in granting permission for polygamy to a husband who had committed adultery, as stated in the Religious Court Decision of Tanjung Karang Number: 737/Pdt.G/2024/PA.Tnk. Generally, Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 on Marriage upholds the principle of monogamy but allows polygamy under certain conditions with court approval. This case is particularly interesting because the court granted permission for polygamy to a husband who was proven to have engaged in an affair and committed adultery resulting in a child born out of wedlock. The study aims to identify the legal considerations of the judge and the legal implications regarding the marriage and joint property. The research employs an applied normative legal method with a qualitative approach, using primary data from interviews and secondary data from legislation and legal literature. The results show that the judge considered granting permission for polygamy as a means of legalizing the existing relationship to maintain public morality and prevent continuous sinful behavior, although it conflicts with moral values. Legally, the second wife has no rights over the joint property acquired before the polygamous marriage, as stipulated in Article 65 paragraph (1) letter b of the Marriage Law

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

Islam prescribes marriage as a sacred and fundamental institution in human life, aiming to preserve dignity, lineage, and to build a harmonious (sakinah), loving (mawaddah), and compassionate (rahmah) family. In Islamic teachings, marriage can be conducted either monogamously or polygamously, with specific conditions. In Indonesia, polygamous practices are strictly regulated by various legal provisions, such as Law Number 1 of 1974 and the Compilation of Islamic Law. Nevertheless, polygamy remains a controversial issue in society, often carried out without fulfilling legal requirements, such as through unregistered (sirri) marriages. This phenomenon reflects a legal dualism between religious norms and state regulations. Furthermore, the social construction of polygamy shows that it is not merely a religious or legal issue, but also a product of social, cultural, economic dynamics, and the evolution of modern values. This study aims to explore how social construction shapes the perception and practice of polygamy and its implications for household harmony. Using a multidisciplinary approach, this study seeks to provide a comprehensive understanding of the relevance of polygamy in contemporary society and its impact on family structure and child welfare.