Problematika Itsbat Nikah Isteri Poligami Pada Adat Merari’

Abstract

In  Central distric of Lombok Merari  there are customary marriage ', which is a tradition of marriage, he tradition of the prospective bridegroom took away her first bride. In this custom is no exception bride men who already have wives. This paper aims to determine the gaps normative taken into consideration the legal panel of judges as a step  of breakthrough of law  about “Itsbat Poligami”. The results of this study indicated that from the practice of Merari marriage customs 'polygamy is common practice carried out without male guardians were legitimate but with modin village or ‘’Kyai Kampung’’ acting as “wali hakim”, without any decision of the Court of “keadhalan walinya”, or a “wali” who does not get tauliyah of a “legal wali” However, there are also undertaken pursuant to a religion, it's just that marriage is not recorded in the presence of the Registrar of Marriage Officer. If the first marriage conducted without a “legal wali”, the marriage was not valid and can not be “ diitsbatkan hukumnya”, but if the first marriage has qualified and harmonious marriage, just not listed then the marriage is legitimate and can “diitsbatkan”. However, the petition must put itsbatnya former wife as a party, if not “itsbat  polygamy” request can not be granted.