HAK-HAK ISTRI DALAM POLIGAMI SIRRI MENURUT HUKUM POSITIF DAN HUKUM ISLAM

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 (VAT) as official government
officials. For those who are Muslims in the KUA and in the
civil registry office for those who are not Muslim, so that
those wives who want to be polygamous sirri do not have
a marriage certificate issued by the government as
authentic evidence A research method is a method to study
one or several symptoms by analyzing and by conducting
an in-depth examination of the facts and working on a
solution to the problems posed by the facts. In writing a
thesis, to obtain objective data and information, data and
information that are factual and relevant. Sirri polygamy
according to positive law is 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.
The difference between sirri polygamy, according to
positive law, is that the husband must ask permission for
his first wife when he wants to be polygamous, the second
wife who is not registered for marriage in the VAT
(Marriage Registrar Employee) has no legal force, while
polygamy according to Islamic law is that the husband
does not need to ask permission from the first wife to be
polygamous because the polygamy permit is only adab
(polite santu procedure) when he wants to be polygamous,
in Islam there is no illegitimate wife if her marriage meets
the pillars and conditions of marriage