Ratio Decidendi Of The Agency Court On Polygamy Permission (Study Of The Sidoarjo Religious Court Decision Number 1671/Pdt.G/2022/Pa.Sda)

Abstract

Requests for polygamy permits on the grounds of biological needs have caused debate in religious court practice. This research examines the ratio decidendi of the judge in Decision Number 1671/Pdt.G/2022/PA.Sda which rejected the application. The method used is normative legal research with a statutory approach and a case approach. The results indicated that the judge interpreted the reasons for polygamy strictly and did not include biological needs as a valid reason according to the law. This research suggests the need for technical guidelines from the Supreme Court so that legal interpretation is more consistent and does not harm women's rights.