The Comparison of the Justice Concept as a Term for Polygamy Based on Marriage Law, Islamic Law, and the Indonesian Ulema Council

Abstract

Polygamy is a marriage bond between a husband with more than one wife. Legal acts of polygamy under Article 3 of Law No. 1 of 1974 About the marriage, it is permissible for a husband to have a wife more than a by filing a petition to get married again to court, but to be able to apply to court the husband must fulfill few requirements set out in Article 5, paragraph (1) Marriage Act, namely: 1. the lack of consent of the wife/wives. 2. The certainty that the husband is able to guarantee the necessities of life wives and their children. 3. The guarantee that the husband would do justice to the wives and their children. Once these conditions are met then the husband should be able to prove to the judges that his wife was not able to perform his duties as a wife, or have a disability/illness that is not curable, or cannot give offspring. This study authors use descriptive research analysis research that describe and explain and analyze the data obtained in the study. Using normative juridical and sociological juridical or empirical, i.e. normative juridical study using secondary data sources with primary legal materials and secondary law, while the juridical sociological or empirical legal research conducted by examining the primary data. Justice etymologically, al-'adl means "not biased, not imbalance, or equate one with the other (al-Musawah)". Other terms of al-'adl is al-qist, a; -misl (equal parts). Justice is a very important and fundamental in polygamy, and to this day is still a lot of opposition from the experts about the concept of justice in polygamy in Islamic law, positive law or in the view of society in this study is represented by the MUI for the fact that justice in polygamy is not only justice in the affairs of the property/material, but also fairness in matters of love and affection. Public's understanding of the concept of justice in matters of love and affection this is inconvenient for the public, like the other narrated by Ibn Umar Abu Nu'aim friend radhiallahu'anu with lafadz, "I will decide the case of this dispute based on what I hear from you . "from the hadiths can be concluded that the Prophet SAW in deciding/judging something of the things that zahir/visible, including the concept of justice in Islam polygamy considers that justice is justice in quantitative/measurable.