International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 4 (2022)

The polyandry marriage itsbat cancellation in Aceh Singkil


Abdus Salam Putra, Iman Jauhari, Sulaiman

Itsbat marriage is the ratification of marriages that have been carried out according to Islamic religious law, but are not recorded by the state agency for religious affairs or the authorized Marriage Registrar (KUA). Marriage isbat is used to legalize polyandry marriages which are basically prohibited in Islamic law and also the provisions of Pasal 3 of Law no. 1 of 1974 and Pasal 40 of the Compilation of Islamic Law. The Singkil Sharia Court then canceled itsbat marriage against polyandry marriages with the decision No. 61/Pdt.G/2021/Ms.Skl. However, basically there is no statutory regulation that regulates the cancellation of itsbat marriage. This study aims to examine and analyze the ratio decidendi of judges in examining, deciding and resolving the cancellation of itsbat marriage in polyandry marriages. This type of research is a normative juridical research, using a statutory approach, a conceptual approach, and a case approach. Data were collected through previous research and according to the cases happened there, then analyzed to qualitative data. The results of this study indicate that the ratio decidendi of the Judges to the itsbat marriage cancellation in polyandry marriages in Decision No. 61/Pdt.G/2021/Ms.Skl is very limited. However, based on the results of the interview and the provisions of the legislation, it can be concluded that the ratio decidendi of the Judge to the cancellation of itsbat marriage in polyandry marriages is the provision in Pasal 2, Pasal 3 of Law no. 1 of 1974 and Pasal 73 of the Compilation of Islamic Law and Surah Al-Nisa verse 24 which explains that it is forbidden for men to marry women who have husbands. It is recommended to the judges of the Religious Courts/Sharia Courts in making decisions, especially regarding the cancellation of the marriage itsbat in polyandry marriages, giving more ratio decidendi or legal reasons in their decisions to bring order or adjust to the rules of the government.
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How to cite this article:
Abdus Salam Putra, Iman Jauhari, Sulaiman. The polyandry marriage itsbat cancellation in Aceh Singkil. International Journal of Law, Volume 8, Issue 4, 2022, Pages 141-144
International Journal of Law