Ahkaamun Nikah Bi Aktsar Min Arba’i Niswatin Wa Atsaaruhu Fil Ahkaam As Syar’iyyah (Dirosatul Muqooronah Bainal Fiqhil Islami Wal Qaanuun Fil Induniisiyyaa)

Muhammad Thaib, Yahya and -, Dr. Muhammad Abdul Khaliq Hasan and -, Dr. Imron Rosyadi M.Ag (2021) Ahkaamun Nikah Bi Aktsar Min Arba’i Niswatin Wa Atsaaruhu Fil Ahkaam As Syar’iyyah (Dirosatul Muqooronah Bainal Fiqhil Islami Wal Qaanuun Fil Induniisiyyaa). Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This thesis discusses the differences and similarities between Islamic Fiqhul and the law in Indonesia in the matter of marriage of more than 4 wives. This thesis is based on a literature study to find a comparison of the two laws; in which the author examines some of the books of classical and contemporary Cleric and also examines the laws related to polygamy and marriage of more than 4 wives that apply in Indonesia as the legal basis in court, then the author compares the two to get answers from the formulation of the problem, namely: what is the law of marrying more than 4 wives according to Islamic fiqh and the law in Indonesia, and what the Cleric say about the law of marrying more than 4 wives and the impact of marrying more than 4 wives as reviewed by Islamic fiqh and applicable laws in Indonesia. after reviewing and exploring the existing problems, the author gets several conclusions; (1) that marriage with more than 4 wives is illegitimate according to the sharia. (2) and in the state constitution there is no mention of marrying more than 4 wives, but instead relating to marrying more than 4 wives in the fatwa of the Indonesian Cleric Council and the Compilation of Islamic Law (CIL) regarding the prohibition of marrying more than 4 wives. (3) The majority of Cleric, including the madzhab of 4 imams thought that it is forbidden to marry more than 4 wives and this is a strong word. (4) In a review of Islamic fiqh that people who marry more than 4 wives and know that it is forbidden, then in fact he has committed adultery and for him the punishment of stoning and the lineage of the fifth child is attributed to his mother not to his father, as well as reviewed by the fatwa of Indonesian Cleric that those who marry more than 4 wives must be separated from the fifth wife and after, because she is not a legal wife according to sharia law.

Item Type:	Thesis (Thesis)
Uncontrolled Keywords:	النكاح بأكثر من أربع نسوة، الفقه الإسلامي، القانون الأندونيسي
Subjects:	H Social Sciences > HQ The family. Marriage. Woman
Divisions:	Fakultas Pasca Sarjana > Magister Hukum Ekonomi Syariah
Depositing User:	Unnamed user with username o200170014
Date Deposited:	08 Mar 2022 02:27
Last Modified:	08 Mar 2022 05:54
URI:	http://eprints.ums.ac.id/id/eprint/98971

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