REFUSAL OF POLYGAMY PERMIT IN RELIGIOUS COURT DECISION: Criticism of Gender Justice Against Judge’s Legal Reasoning

Abstract

This research aims to find out the judge's considerations and analyze them using gender-based justice in the Madiun Regency Religious Court Decision Number 1512/Pdt.G/2022/ PA.Kab.Mn. Normatively, the permissibility of polygamy relies on the wife's consent and the husband's capacity for justice. In the context of this case, the problem started with the submission of an application for a polygamy permit which was carried out after the Petitioner married his prospective second wife. The Petitioner's argument that he was married before applying polygamy was considered an unlawful act. This research is doctrinal legal research with a case study approach, conceptual approach and statutory-regulatory approach. Data sources in this research are court decisions, statutory regulations, books, journals, and related research results. This research contributes to providing a conceptual basis for judges in making decisions on polygamy permit applications that are based on gender justice so that justice in society is created objectively.