Darulfunun Institute

Institute for Development, Research and Initiatives (IDRIS)

Tag: religious court

  • Judicial Legal Reasoning in Granting Permission for Polygamy: A Case Study of Bukittinggi Religious Court Decision No. 575/Pdt.G/2024/PA.Bkt.”

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study aims to analyze the legal reasoning employed by judges in granting permission for polygamy in the Decision of the Bukittinggi Religious Court Number 575/Pdt.G/2024/PA.Bkt. The research focuses on the judges’ interpretation of the legal provisions governing polygamy, their considerations in assessing the first wife’s consent, the applicant’s financial capability, and personal character, as well as the forms of rechtsvinding (judicial law-finding) and legal reasoning applied in the decision-making process. This research adopts a qualitative approach using a case study design. Primary data were obtained through in-depth interviews with the judge who examined and decided the case, while secondary data were collected from the court decision, statutory regulations, the Compilation of Islamic Law (Kompilasi Hukum Islam), and relevant scholarly literature. Data were collected through interviews, document analysis, and library research, and analyzed using the interactive model of Miles, Huberman, and Saldaña, which consists of data condensation, data display, and conclusion drawing. The findings reveal that the judges’ legal reasoning was not limited to the literal application of statutory provisions but involved systematic, teleological, and sociological interpretation by considering the facts established during the trial, the principles of justice, public benefit (maslahah), and the protection of wives and children. The first wife’s consent was not regarded as the sole basis for granting permission for polygamy but was evaluated alongside the applicant’s financial capacity, responsibility, and personal integrity. Financial capability was assessed contextually without applying a fixed income threshold, while the applicant’s character was evaluated through evidence concerning moral conduct, responsibility, and social behavior. The study concludes that the judges’ reasoning reflects the implementation of rechtsvinding by integrating legal certainty, justice, and expediency to produce decisions that prioritize family protection and substantive justice.

  • Legal Analysis of the Rejection of Marriage Isbat in Siri Marriages and the Determination of the Status of Legitimate Children in the Case Study of Decision Number: 129/Pdt.P/2024/PA.Bsk

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child’s status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children’s rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants’ marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child’s status as legitimate, primarily considering the child’s best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents’ mistakes. This granting of the child’s status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children’s rights.