The Use and Misuse of Maslaha by the Court in Granting Polygamy Permissions

Mohamad Atho Mudzhar

2018

Abstract

The study examined a decision by a Religious Court (RC) on a case of request by a husband for a permission for polygamy. Using materials included in the text of the decision, the study examined the arguments of the court to grant the permission in the midst of refusal by the wife, whiles the husband and the wife ran a normal family and no physical defects of any kind was reported by either side. One of the arguments was evidently based on the concept of Maslaha, but interpretd in such a way to the extent that the court finally had to put aside the wife's explicit refusal and dismiss the ruling powers of certain laws to support the granting of a polygamy permission, showing the failure of the court to properly grasp the spirit of the concept of Maslaha in the perspective of women and human rights

Paper Citation

in Harvard Style

Mudzhar M. (2018). The Use and Misuse of Maslaha by the Court in Granting Polygamy Permissions.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 1038-1044. DOI: 10.5220/0009922510381044

in Bibtex Style

@conference{icri18,
author={Mohamad Atho Mudzhar},
title={The Use and Misuse of Maslaha by the Court in Granting Polygamy Permissions},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={1038-1044},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009922510381044},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - The Use and Misuse of Maslaha by the Court in Granting Polygamy Permissions
SN - 978-989-758-458-9
AU - Mudzhar M.
PY - 2018
SP - 1038
EP - 1044
DO - 10.5220/0009922510381044