HAK-HAK ISTRI DALAM POLIGAMI SIRRI MENURUT HUKUM POSITIF DAN HUKUM ISLAM STUDI KHASUS DI DESA SRIGADING KECAMATAN LABUHAN MARINGGAI

Abstract

Nowadays, there are still many husbands doing
polygamous sirri marriages. Marriages that are carried out
in accordance with the pillars and conditions, the presence
of witnesses and guardians who are determined by religion,
but are not carried out in the presence of employees of the
registrar of marriages (PPN) as official government
officials. For those who are Muslims in kua and in the civil
registry office for those who are not Muslim, so that those
wives who want to be polygamized sirri do not have a
marriage certificate issued by the government as authentic
evidence. The method used by the author as a guideline is
literature research, which is research that aims to collect
data and information with the help of various materials
contained in the library room, for example in the form of
books, manuscripts, notes, historical stories, documents,
and others. This type of selection is because the data
needed are in the form of theories, conceptsand about the
rights of wives in polygamous marriages. As for legal
research, this research includes normative juridical
research, namely research conducted by examining library
materials or secondary data. Therefore, in this study library
material is the basic data for conducting research.Based on
the results of the research and discussion that has been
described in the previous chapters Polygamy sirri
according to positive law, namely the marriage of more
than one woman at the same time with no recorded
marriage in the office of religious affairs. Meanwhile, sirri
polygamy according to Islamic law, namely marriage of
more than one woman at the same time is only valid in
Islamic law and customary law.