TINJAUAN HUKUM ISLAM TERHADAP LARANGAN PEGAWAI NEGERI SIPIL WANITA MENJADI ISTRI KEDUA/KETIGA/KEEMPAT DALAM PERATURAN PEMERINTAH NOMOR 45 TAHUN 1990

Abstract

Something that is permitted both in Islamic law and the laws in force in Indonesia. Polygamy does not only apply among the community but among civil servants. In PP No.45 of 1990, Article 4 Paragraph 2 states that female Civil Servants are prohibited from becoming second/third/fourth wives. Therefore, this research aims to review how Islamic law relates to Article 4 Paragraph 2. This research uses a type of library research. This research uses the theory of marriage provisions, sadd adz dzari'ah, maslahah murlah and maqashid syari'ah. The results of the research show that the marriage provisions for female civil servants are prohibited from becoming second/third/fourth wives, in fact the Compilation of Islamic Law (KHI) and the Marriage Law do not specifically mention a woman who is prohibited from becoming a second/third/fourth wife as stated in Article 4 Paragraph 2 PP No.45 of 1990. The legal consequences that can arise from the marriage of a female civil servant to become a second/third/fourth wife are that if a female civil servant is found to be the second/third/fourth wife, she can be subject to sanctions in the form of dishonorable dismissal from her position as Civil servants. If viewed from Islamic law, a woman is allowed to be a second/third/fourth wife, but in Article 4 paragraph 2, if viewed from a theoretical perspective, it has the same goal as Islamic law, namely to achieve benefit, so that a civil servant can avoid a life that will disturb his responsibilities. his response was as a civil servant.