Isbat Nikah Poligami Siri Dalam SEMA Nomor 03 Tahun 2018 Ditinjau dari Maqāṣid al-Syari’ah Jasser Auda

Siri marriages are marriages that are not considered by the state because they are not registered by the authorities, including siri polygamous or illegal polygamous marriages. This kind of marriage is happening more and more, so there need to be rules that regulate or limit it. The presence of SEMA Number 3 of 2018, which prohibits polygamous marriage, is the answer to this problem. However, on the other hand, there are some problems arising from the existence of these regulations. If one of them is related to a couple who have already performed the marriage and want to apply for divorce to the Religious Court, then the application must be rejected because the marriage has not been considered to exist by the state, so it cannot be processed. Therefore, the marriage needs to be concluded first.
For this reason, researchers tried to analyze Jasser Auda's maqāṣid al-shari'ah to find out more about the struggle and whether it was in line with ḥifdẓ al-nasf or ḥifdẓ al-huquq al-insan. Therefore, the purpose of this study is to determine the impact of the regulation and, at the same time, find out the reason for the establishment of SEMA Number 3 of 2018 concerning the prohibition of serial polygamous marriage, isbat, or wild polygamy. This research is normative research using a qualitative approach.
The results of this study show that the presence of SEMA Number 3 of 2018 has a different impact, namely on the positive side, namely the reduction in the number of serial polygamous marriages, and on the negative side, couples who have already done the marriage cannot fight for their rights, especially the rights of women (wives). As well as the absence of legal unity, so that legal certainty and justice cannot be realized.