One of the marriage issues that is raised and debated in society is polygamy. The more complex problems that arise in society are related to the problem of polygamy, one of which is polygamy caused by a husband having an unregistered marriage with another woman. When viewed from Marriage Act Number 1 of 1974 Article 4 and Article 5, regarding the reasons for practicing polygamy, the reasons for having an unregistered marriage with another woman are not included in the reasons that can be justified or encourage the permission of polygamy. The problem formulation is considering the panel of judges at the Sidoarjo Religious Court and reviewing the maslahah mursalah regarding decision number 3776/Pdt.G/2016/PA.Sda.
The type of research used is library research. The primary source is case decision number 3776/Pdt.G/2016/PA.Sda and the secondary sources are in the form of interviews with judges and supporting books. Data collection using documentation and interview methods. The analysis technique used is analytical descriptive.
Based on the results of this study, the panel of judges at the Sidoarjo Religious Court in case number 3776/Pdt.G/2016/PA.Sda granted the Plea for a polygamy license because the unregistered marriage was not based on Article 4 paragraph (2) of Marriage Act Number 1 of 1974 but Article 5 paragraph (1) of Marriage Act Number 1 of 1974 and the rules of fiqh regarding madharat. Meanwhile, according to the perspective of maslahah mursalah, the decision on case number 3776/Pdt.G/2016/PA.Sda as a basis for consideration is not quite right, because polygamy is permissible, if in an emergency and in a really urgent situation. According to the author, the reason for polygamy is because they are already in a unregistered marriage is not an urgent situation.