Marriage with Two Women at Once According to Marriage Law and the Compilation of Islamic Law

Abstract

Marriage when viewed from its type has a lot of diversity, in Indonesia, marriages that are recognized in the Marriage Law and the Compilation of Islamic Law are monogamous marriages and polygamous marriages. In Lembar Village, West Lombok Regency, NTB Province, it was found the practice of marriage between a man with the initials SB and two women. This study aims to determine whether marriage with two women at once contradicts or not with the Marriage Law and the Compilation of Islamic Law and to find out the legal consequences of the marriage using normative legal research with a statutory, conceptual, and historical approach. Descriptive analysis, data collection techniques by means of library research and documentation. The results showed that: 1) Marriage with two women at the same time is contrary to Article 3 paragraph 1 of the Marriage Law; 2) The legal consequences of marriage with two women at the same time are classified into 3 (three) legal consequences, including: a) The legal status of marriage with the first wife is legally and legally valid & the legal status of marriage with the second wife is punished as an underhand marriage because the conditions are not met; b) The legal consequences for the child of the first wife is to get legal certainty as a legitimate child, while children born to the second wife cannot get legal certainty as a legitimate child; c) The legal consequences of husband and wife assets whose marriage is recognized by the state can claim joint property in the event of a divorce. Meanwhile, husband and wife whose marriage is not recognized by the state in the event of a divorce, cannot claim their rights in court.

Keywords: Monogamy Principle, Marriage Law, Islamic Law, Polygamy

DOI: 10.7176/JLPG/112-17

Publication date:August 31^st 2021