Sunday, December 6, 2009

Akad Nikah

Akad nikah is series ijab said by wali nikah and kabul said by bride-groom or his representative, and seen by 2 witnesses. Ijab is a wali’s statement of place bride on bride-groom’s hand to marry. Kabul is bride-groom’s statement of acceptance of marriage (ijab answer).

Compilation of Islamic Law regulates akad nikah in article 27-29.
Ijab and kabul between wali and bride-groom must clear, in a row and no interval. Wali nikah can commit akad nikah by himself, and can representative to somebody too. The representative usually is Registerer Official of Nikah (Pegawai Pencatat Nikah) from Religious Affairs Office (Kantor Urusan Agama, KUA).

The bride-groom personally rightful say kabul. But in certain matters, kabul statement can done by a representative, with stipulation the bride-groom give letter of authorization that acceptance of akad nikah by representative is for bride-groom. And the bride or wali nikah is not agree about representative, so that akad nikah may not comitted.

If Mahar is Lost or Defect or Reduce....

"My husband gave me a ring with pearl as mahar when we married. After delivered, I and my family saw it. Unfortunately, the pearl had dropped. Maybe it dropped under way to my house. But I didn't care about it because I love him.... Actually I want to know if the same case happen, can the bride complain?" Rani asked.
Well, sometimes what we plan can not do perfectly. So do delivery of mahar. Perhaps everything looks perfect but before delivered mahar losts. Or also happen, mahar defect or reduced before delivered, because it is too fragile for instance.

In Indonesia, about those all are regulated in Compilation of Islamic Law (Kompilasi Hukum Islam,KHI) article 36-38.
If mahar (marriage gold) is lost before handed in, it can changed by :
· The same another good in form and kind
· Another good with same value
· Money that same with cost of the lost mahar.

And if there is difference of opinion about kind and value of certained mahar, so that it solved in Religious Court.

What about mahar defect or reduce is?If delivered mahar conceives defect or reduced but bride is willing accept it unconditionally, so giving mahar is assumed cash. On the contrary, if wife refuse to accept mahar because defect so husband must change it with undamaged mahar. And as long as the change has not given, mahar assumed still has not paid.

Saturday, December 5, 2009

Marriage Witness

Marriage witness (Nikah witness) in Islamic Marriage Law in Indonesia is regulated in Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) article 24-26. Requiremets as nikah witness :
· 2 men
· Muslim
· Fair ( do no much sin)
· Akil baligh
· Memory undisturbed
· Not deaf or not dumb
· Must be present, and see akad nikah directly and unrepresented
· Must sign akta nikah at the time and at the place marriage performed.

Tuesday, November 17, 2009

Mahar is not Marriage Gift

Mahar is not same with marriage gift although the both given to bride. Mahar is bride-groom’s obligation, and it connected to Islamic Law. Whereas marriage gift is from family or parent of bride, and it connected to Adat Law. In Adat law, it can entered as supply to the couple. Marriage gift is given at time marriage performed. It usually connected to inheritance


Mahar (mahr, marriage gold) is a gift given by the bride-groom to bride, formed good, money or service as long as uncontrovene Islamic Law. Mahar is regulated in Compilation of Islamic Law article 30-38.

Bride-groom obligate to pay mahar to bride. Amount, form and kind of mahar are based on agreement of both sides. Islam urge to certain mahar based on simple and easy principle.

Usually bride-groom gives a series of sholat tool as mahar, or money adapted with special date for instance date of marriage. Indonesians are not care about cost of mahar, cheap or expensive. They prefer to special or sentimental things , memorable mahar. Although very cheap as for content memorabilia, they will take it. On the contrary, although expensive as long as content memorabilia, they will take it too.

That’s why Yenny Wahid, daughter of ex-President of Indonesia Abdurrahman Wahid, got 10 cows as mahar from her husband. Cow as mahar is uncommon in Indonesia today. In a press conference after married, the couple said that beside unique, the reason of choice of mahar form was reanimate their ancestors tradition.

Mahar is given to bride directly, and it become her personal right sence then. It is handed in cash, but it can delayed all or partly as long as bride agree. Delayed mahar become bride-groom’s debt.

Is marriage valid if there negligence of mention kind and amount of mahar at akad nikah?Obligation to give away mahar is not rukun nikah. So that negligence of mention kind and amount of mahar is not result in void of marriage. And existance mahar debt is not reduce validity of marriage.

How about bride and mahar if the marriage break is?Breaking of marriage is caused by talak (divorce) and death. If a husband divorce his wife qobla al dukhul (without touch his wife), so that he obligate to pay ½ from mahar certained in akad nikah (look Quran 2:237). And if husband dead qobla al dukhul, so that all certained mahar become wife’s right.

Sunday, November 8, 2009

Wali Nikah (Marriage Guardian)

In Indonesian Islamic law, a woman can not give herself in marriage. She can marry if only there is someone given her in marriage. Someone is Wali Nikah (Marriage Guardian).

Requirements to be wali nikah must: muslim, akil and baligh, has right to be wali nikah, no obstacle to be wali nikah.
Wali nikah is divided into wali nasab and wali hakim.

Wali Nasab

Wali nasab is wali that has blood connection with the bride. Wali nasab is divided into 4 groups in sequence of position. A group is more formered than the others according to closeness of relative with the bride. Those groups are :
1. Group of relative in upward stright line, i.e. : blood father, grandfather (father of father), etc.
2. Group of relative : blood brother or brother (from one father) or descent of them
3. Group of relative uncle, i.e. : father’s blood-brother (uncle), father’s brother one-father, and their descent
4. Grandfather’s blood-brother, grandfather’s brother (from one father), and their descent.

If in one group there are some people have right to be wali, so that the most rightful to be wali nikah is someone closer relative to bride. Example, if there are blood father and grandfather, so that wali nikah is blood father.
If in one group there are some people in same relative degree so that the most rightful is blood relative than one-father relative. Blood brother is more rightful than brother one-father.
If in one group there are some people with same relative degree i.e. similar blood relative degree or similar one-father relative degree so that they all have equal right to be wali nikah. In this case, especially to older person that fulfilled requirements as wali nikah.
If wali nikah that rightful, his sequence is not fulfilled as wali nikah, or because he is dumb, deaf or udzur so that right moves to the other according to next degree.

What about a women have no wali nasab is?
There is wali hakim for her.

Wali Hakim (Magistrate Guardian)

Wali Hakim is wali nikah that pointed by Minister of Religious Affairs or by official pointed the Minister, that given right and authority to act as wali nikah. (Kompilasi Hukum Islam/compilation of Islamic Law)

When is wali hakim can act as wali nikah?Wali hakim can act as wali nikah just if there is no wali nasab, or it is impossible to presence wali nasab, or wali nasab’s address is unknown, or wali nasab is gaib or adlal or dislike. In case wali nasab adlal or dislike, wali hakim just can act as wali nikah after there is decision from Religious Court. (Compilation of Islamic Law article 23).
In case that wali nasab adlal or reluctand, Wali Hakim just cant act as wali nikah after there is decision from Religious Court.

Married without Presence of Blood Father

Someday and someplace in Jogja, most guests could not hold their teardrop when Fika (not her true name), in front of Petugas Kantor Urusan Agama (Employee of Religious Affair Office) whom act as Petugas Pencatat Nikah (Registerer Official of Nikah), directly stated that she could not really persence her blood father and she did not really know where is he live.

“What can I do anymore? I never can phone him. The number he gave is not registered, may be expired,” Fika said 2 weeks ago before married. “I sended him some letters but always return. I don’t know where is he.”

Fika just can wipe away her teardrop. She almost never feel what is father’s afection. Her father went to work since Fika still 5 months. Fika just met him twice after she adult. And she has no one else as wali nasab.

Fika story above just an example how importance of father. Blood father. A daughter always need her father. Especially when she will marry. Because a woman can not give herself in marriage. She needs wali nikah. And the main wali nikah (marriage guardian) is the blood father, even if he never do his duties as a father or a leader a family.

In case that blood-father’s whereabout is unknown, wali hakim as such can not act as wali nikah. The bride must really, really search out her father first. And if she really can not find her father and no wali nasab else, she must make a statement about it, then wali hakim can do as wali nikah. It is important. Because the blood father that never done his duties as leader of family, is not lost his right as wali to prevent a marriage that will do by wali nikah else(Compilation of Islamic Law article 62 section 2).

Thursday, October 29, 2009

Polygamy (Having More than One Wife at the Same Time)

Actually I have planned to write about polygamy later, not in the close time. But I change my mind because existence of polygamy club, Global Ikhwan, recently has got public attention including me.

Polygamy in Islam has existed since thousands years ago. Prophet Ibrahim and Prophet Muhammad are polygamist. In Indonesia, polygamy has existed at kingdoms period centuries ago, since Islam had not yet entered in Indonesia. Having more than one wife was common for kings, high officials and the riches. But present day, there are certain rules to have more than one wife.

Polygamy in Indonesia is regulated in Marriage Law number 1/1974 (Undang-Undang Perkawinan No. 1/1974) article 3-5, Compilation of Islamic Law (Kompilasi Hukum Islam) chapter IX, and Government Regulation number 9/1975 (Peraturan Pemerintah No. 9/1975) chapter VIII.

Main requirement to polygamy is fairness. A poligamist must fair to all his wives and children. The problem is how many people can fair like Rasululloh, or at least get near Rasululloh? Even Ali bin Abi Thalib, cousin and son-in-law of Rasululloh, just had one wife, Fatimah. Ali did not marry again because he did not sure can fair to his wives.

A polygamist is restricted having only until 4 wives. Yes, Alloh in Quran prohibits a man has more than 4 wives.

To commit polygamy, a husband must get Court permission, so that he must ask application to Religious Court. And to ask application, must fulfil requirements:

1. Existence agreement of wife/wives
Agreement can given in written or oral form. But although ther is written agreement, it must more resoluted with oral form on Religious Court.
What about the wife is crazy or the wife has gone and her adress is unknown? Someone crazy can not give agreement, because everything she said can not responsible. So that if wife/wives is/are impossible giving agreement and can not be a side on contract, or no news from wife/wives at least 2 years or because other reason that necessary getting Judge attention, the agreement is not necessary.

2. Existence sureness that husband can guarantee life necessaries of his wives and their children
It can proved by letterof explanation of income; or letter of explanation of income tax; or the other can accepted Court.

Religious Court just will give polygamy permission based on certain reasons. The reasons are:
  1. Wife can not do her duty as wife
  2. Wife in physical defect or taken ill that irrecoverable
  3. Wife can not bear children.
What about polygamy without Religious court permission is?
Marriage with 2nd wife, or 3rd wife or 4rd wife without Religious Court permission, it is mean marriage performed siri (Adat/Islam). Registerer Official of Nikah is prohibited to do his duty concerning polygamy without Religious Court permission. So that the marriage not have power of law. It means 2nd, 3rd, 4th wife and their children have no law protection if something bad happen. It concerning in legal community of goods, inheritance and parental authority.

Controversial of Polygamy Club

This week public of Indonesia is shocked by a polygamy club, Global Ikhwan, established in Bandung, West Java. The club original from Malaysia is controversial. It has 300 members from some countries, including 39 members from Indonesia. A famous ustadz and a restaurant businessman are mentioned as member of the club.

Many people especially women and activists disallow this club. Some people anxious about social perception as if polygamy is common and easy. As if there are persuasion to commit polygamy by the club. As if polygamy is campaigning. They worry because establishment of the club is performed openly.

The worry of women and activists is understood. They just want to protect women and children. Because many domestic violence cases are backgrounded by polygamy. The victims are not only women but children too. As happen to Budi (not true name, a true story) many years ago. Budi must worked when he was very young. He must worked because his father after having a new wife did not give living cost to Budi, his mother and his younger brothers. So that Budi worked to help his mother, to cost his school. Actually Budi ever asked his father responsibility, but he only got physical violence from his father.

Actually not all polygamy result in bad effect. There are also happy families with polygamy. Notwithstanding polygamy has become a sensitive matter for Indonesians. Mereover too many cases backgrounded by polygamy presented press. Divorce, domestic violence, even murder.

Concerning with restless caused the polygamy club, Moslem Canonist Council of Indonesia (Majelis Ulama Indomesia, MUI) has not decided about it. Meanwhile Minister of Woman Affairs, Linda Agum Gumelar said it better returned to Marriage Law.

Sunday, October 18, 2009

Underage Marriage 2

October 13, 2009, in Pengadilan Negeri (District Court) Syech Puji has freed. Syech Puji is accused in enderage case. He accused of breaking Children Protection Law because has married Ulfa. (Read Underage Marriage)

He has freed because Judge agreed his exeptio. Exeptio is defence not including the main case.
In Putusan Sela (chink decision), Judge of District Court valued accusation is not accurate, not clear, and indistinct (obscure libel), so that null and void.
Of course freedom of accused resulted in many protests. Some people worry about appearing the same case with the other young girl in the future. It is not about marriage law anymore, but also about protection of children. Yes, Ulfa is still a child. Still 13 years old.

This case is still processed. Public Prosecutor will appeal to Pengadilan Tinggi (Appellate Court).

Wednesday, October 14, 2009

Marriage Obstacle

There are marriage obstacles so that the couple can not marry. Those are:
1. Nasab connection (blood relation)
A man is prohibited to marry:
  • His mother, his grandmother and so forth in upward stright line
  • His daughter, granddaughter, and so forth in downward stright line
  • His sister, his niece, and so forth in downward stright line
  • His aunt.
2. Semenda connection/Mushaharah connection (familial relationship because of marriage)
A man is prohibited to marry:
  • His mother-in-law or his ex-mother-in-law
  • Ex-wife of his father , ex-wife of his grandfather, and so forth in upward stright line
  • Daughter of his wife or daughter of his ex-wife (step-daughter), granddaughter of his wife or granddaughter of his ex-wife (step-granddaughter), and so forth in downward sright line; except the marriage with his ex-wife broken qobla al dukhul
  • His daughter-in-law, his granddaughter-in-law, and so forth downward stright line.
3. Radla’ah connection (suckling relation)
A man is prohibited to marry:
  • A woman suckled him (suckling mother), mother of his sukling mother ,and so forth in upward stright line
  • His suckling sister, daughter of his suckling sister, and so forth in downward stright line
  • Sister of his suckling sister and so forth in downward stright line
  • Sukling aunt
  • A women whom sukled on his wife and her descend.
4. Certain situations
A man is prohibited to marry a woman whom in certain situations. Those situation are:
  • The woman is still in married with another man
  • The woman is still on iddah period with another man
  • The woman is not Islam
  • The woman is his ex-wife with talak 3 times. (The prohibition drop if ex-wife had married with another man the 2nd marriage is broken ba’da dukhul and her iddah with her 2nd husband is finish)
  • The woman is his ex-wife with li’an.
5. Polygamy reason:
  • A man is prohibited to commit polygamy with a woman whom has blood relation or sukling relation with his wife/s. The prohibition is in force although his wifes have been raj’i talak but still in iddah period.
  • If a man has had 4 wifes, he is prohibited to marry again. The prohibition is in force as long as 4 wifes all in wedlock or still on iddah raj’I or one of them still in wedlock and the others are on iddah period of talak raj’i.

Tuesday, September 29, 2009

Bride and Bride-Groom

Bride and bride-groom are 2 of rukun nikah. There are certain requirements fulfilled for bride and bride-groom. The requirements are:
1. Bride:
  • Female
  • Islam
  • age of bride to marry at least is 16 years old
  • if she has not reaches 21 years old, she must get her parent’s permission.

    Why must there permission? Because marriage is not only the matter of the couple but also the matter of the family. Mereover, if the couple is still young. And according Adat Law, marriage is not only unite between bride and brgroom, but unite between 2 big families too.

    Is the parent’s permission is absolute requirement? Not really, because it can substituted by one else’s permission.
  • Marriage is based on agreement bride (no coercion).
    Agreement of bride can formed a clearly and real statement with written or oral or sign form. It also can quiet form as far as no clearly rejection.
    How about one who deaf or dumb is? For dumb or deaf person, agreement can state with a written form or a sign understood.
    Pegawai Pencatat Nikah (Registerer Official of Nikah), before marriage performed, will ask the couple’s agreement in front of 2 nikah witnesses. If marriage is not agreed by one-side so it can not performed.
  • no marriage obstacle.

2. Bride-groom:
  • Male
  • Muslim
  • at least is 19 years old
  • If bride-groom has not reached 21 years old yet, he must get his parent’s permission
  • No coercion
  • no marriage obstacle.

Underage Marriage

Several times ago public of Indonesia was created a sensation by controversial marriage. Syech Puji Widianto, a calligraphy businessman from Semarang, have married Lutfiana Ulfa (13 years old)as 2nd wife.

The underage marriage case boomed after a NGO surfaced it and press blew up it. Many people commented. From religious figure, activist NGO, law expert, public figure, gynecologist, until high school students. Even Komisi Nasional Perlindungan Anak (National Commission for Protection of Children) interfered with this case.

Syech Puji has accused of breaking article of underage pornography (pasal pencabulan anak di bawah umur), and breaking Children Protection Law (Undang-undang Perlindungan Anak) too. But he never feel guilty for married Ulfa, because, although still 13, Ulfa has akil baligh, has grown into an adult. And he do not want to divorce Ulfa.

Is Syech Puji guilty? Is the marriage valid?

According to Islamic Law, a marriage is valid if there are bride, bride-groom, wali nikah, 2 male witnesses and ijab kabul. In Islam, requirement of girl to marry ia akil baligh, and Ulfa has akil baligh and she said no coercion in her marriage. So that according to Islamic Law, the marriage is valid, and of course Syech Puji is not guilty. But in Indonesia requirement of akil baligh is not enough. Indonesian Law (State Law) regulates border of minimum age for bride and bride-groom. Based on Undang-undang Perkawinan (Marriage Law) and Kompilasi Hukum Islam (Compilation of Islamic Law), requirement for a bride is at least 16 years old and for bride-groom is at least 19 years old. If border of minimum age is broken so that the marriage is voidable.

The problem is the marriage performed siri (nikah siri). Nikah Siri is performed according to Islamic Law without State Law, so that no registered, no proof, so that the marriage can not voidable. To force Syech Puji to divorce Ulfa is not a wise decision. Ulfa is too young to be a widow. And I think divorce can influence Ulfa’s mental growth. Moreover, in a press conference Ulfa ever said she loved Syech Puji and she did not want separated from him.

What will happen to Ulfa and what will happen with this case? Until now this case is still processed.

Wednesday, September 23, 2009

Islamic Law with Design of Indonesia

Law in Indonesia has been influenced by many background, like ethnic group, religion and beliefs, also by Dutch colonial rule. It can understood because Indonesia is country with thousands islands and thousands ethnic groups. Each ethnic group has its rule that different from the others. There are also some religions and beliefs. And for 350 years Indonesia was under Dutch colonization. So that Indonesian Law is plural.

There are 3 important elements creating Indonesian Private Law . They are: Western Law (BW, product of Dutch colonial), Islamic Law, and Adat Law (native law of Indonesia). Sometimes Islamic Law and Adat Law are in force together, so that sometimes can’t differented where is Islamic law and where in Adat Law.

For example, in marriage ceremony in Central Java. In Adat marriage ceremony, there is siraman (showering ceremony), that a bride/groom is showered by parent and the olds of the big family. At the end of the sesion, the parent fall the water from kendi (jar) in order to bride/goom can wudhu. Wudhu is ritual washing in Islam before someone sholat.

Still on marriage ceremony. After ijab-kabul (I think it’s the true marriage), the couple do sungkeman. Sungkeman is a Java ceremony that the couple ask the parent’s blessing with squatted in front of the parent. It’s a honoring form to the parent. (Look Qu’ran, Surah Al Ahqaaf: 15).

Siraman and sungkeman are just little proofs that there are common and harmony between Islamic Law and Adat Law.

That’s why Islamic Law in Indonesia appears with special design of Indonesia. It is more reflect sistem and culture of Indonesia. So that in certain parts Islamic Law in Indonesia will show differences with Islamic Law in other countries like Saudi Arabia, Iran, Egypt and Pakistan. Nevertheless, Islamic Law in all countries, in principle are the same, because they have same legal sources, Qur’an and Sunnah. (Abdurrahman H., SH MH, Kompilasi Hukum Islam di Indonesia)

Tuesday, September 22, 2009

Peminangan (Proposal of Marriage)

Peminangan (proposal of marriage)is a process of marriage ceremony that done before getting married. It regulated on Compilation of Islamic Law in Indonesia (KHI) article 11, 12, and 13. Peminangan is made by a man or his representative.

A man can propose a girl or widow after her iddah is finish. Iddah is waiting-time for a widow.There are certain women that prohibited by a man. They are:
1. A woman who fallen talaq (divorce) by her husband, and still in iddah raj’iah.
2. A woman who has proposed by a man else and the proposal has not broken yet or the proposal has not rejected yet.

In many parts of Indonesia, enforcement of Islamic marriage is united in the Adat ceremony, included peminangan/lamaran (proposal of marriage). For example in Java. The proposal is made by the parents of boy to the parents of girl. It is usually made as a request by the one family to become the in-laws of other. Usually, it always conveyed by a representative, someone very close to the boy’s family. Today because of practicability, it is often done by the parents themselves.

The proposal has not resulted in legal consequence yet. The proposal can broken by a boy for there is a statement about broken of the proposal or on the quiet the boy keeps away from and leaves the girl.
Boy and girl have the same right. Even has been request/conection, a boy’s side or a girl’s side are free to break proposal conection. Freedom to break proposal conection is done with good ways according to religious values and custom. It is important in order to keep peace between one and the other, and to keep honor each other.

Usually before make a proposal, the parents of boy had investigated about the girl and her family, also about probability the proposal accepted. On the contrary, before accept the proposal, parents of the girl has also investigated the boy and his family. It accordings to Java idiom bibit bobot bebet, that the parents will see descended, capability and dignity before take someone become their child-in-laws. In Islam there is Sunnah Rasul that someone is married for beauty, wealth, dignity and religious.

After the proposal accepted, the result is not directly a marriage. There is a priod of engagement. The engagement is based on an agreement between the families of the future bride and groom. Thus, there are rights and duties between the couple and their families. Engagement is started by giving a special gift (money or goods) from the boy’s side to the girl’s side. In most regional language, the word for engagement gift is panjer or panganchang or pengikat (binder), and it is taken from verb mengikat (to bind). The mean, there is connection between 2 families.

Today, there is an exchange of rings by the couple themselves, and the engagement begins from the moment of exchange. Thus, the formal binding of the families has to some extent been indicated by the binding of the couple. The program of giving binder and exchange of the rings are attended by the families and certain neighbours, and then are followed by a communal feast (slametan/syukuran/tasyakuran). The slametan is given by the girl’s parents.

Monday, September 21, 2009


Nikah, or nikkah, is contract between a bride and bride-groom, and part of an Islamic marriage, a strong covenant (mithaqun ghalithun), as expressed in Qur’an 4:21.

Nikah is based on few conditions. When these conditions are fulfilled, then a man and a woman are proclaimed as husband and wife and can live together and carry on the marital duties. These are : 1) Giving free consent to the marriage personally or through a close relative like father (called Wali). A man and a woman say in clear voice three times that they accept (name of the person and his/her father name is called) as their husband/wife; 2) The amount of Haq-e-Mahr (marriage money) is agreed upon, announced, and paid to the bride at the spot or paid in the future; 3) Two adult free men witness the ceremony; 4) The nikah is publicased/advertised widely.

In some engagement ceremonies, all the above 4 conditions are fulfilled. Therefore, such engagements are full-fledged nikahs.

The nikah contract requires the consent of both parties very strictly if they are adults. There is a traditions in some muslim countries, outside of the religion, to pre-arrange a marriage for young children. However, the marriage still requires consent of the concerened man and woman when they reach adulthood when the wedding actually goes ahead. Islam allow divorce (talaq) so this contract is revocable. Marriage is seen as a necessity in Islam and is seen as helpful in avoiding zina (extramarital sex) or cruelty. A marriage which is carried out unofficially without informing the public is called nikah urfi.

(From: Wikipedia, the free encyclopedia)

Types of Marriage

Types of nikah are :
1. Nikah
Nikah (literally: contract) is the first, and most common, form of marriage for muslims. It is described in the Qur’an in 4:4.
Regulation of nikah:
· It is aimed to be permanent, but can be terminated by husband engaging in the divorce process or the wife seeking a divorce
· The couple inherit from each other
· A legal contract is signed when entering the marriage.
If a divorce date is determined in the nikah contract :
· In Sunni jurisprudence, the contract is vioded
· In Shia jurisprudence, the contract is transformed into a nikah mut’ah.
Requirement of witnesses of nikah:
· Sunni: two
· Shia: none.
2. Nikah Mut'ah
3. Nikah Misyar.
(From : Wikipedia)

Islamic Marriage Law in Indonesia

Marriage Law in Indonesia is still plural. There are more than two laws in forced. They are: Western Marriage Law, Islamic Marriage Law, and Adat Marriage Law. The pluralism is caused from dividing of the population at period of Dutch colonialization ago.

Indonesian Marriage is regulated in Law number 1/1974, The Marriage Law. Actually the matters regulated in UUP for parts is according to Islamic Marriage Law. Whereas a detailed rule on Islamic Marriage Law in Indonesia, is regulated in Compilation of Islamic Law in Indonesia Book I. Neither UUP nor KHI contravenes Qur’an, because Qur’an is legal source of Islamic Marriage Law including in Indonesia.

What is marriage?

According to Compilation of Islamic Law in Indonesia, marriage under Islamic Law, is nikaah, is a strong akad (covenant) or miitsaaqan gholiidhan to obey Allah’s order and do it mean worship, and for a purpose of created household life that sakinah, mawaddah and rahmah.

The matters regulated in Islamic Marriage law in Indonesia (next just mentioned as marriage law) are:
1. Proposal of marriage (peminangan)
2. Principle and requirements of marriage
3. Marriage gold (mahar/mahr)
4. Prohibition of marriage
5. Marriage Contract
6. Marriage cause of conceived (kawin hamil)
7. Polygamy
8. Prevention marriage
9. Void of marriage
10. Rights and obligations of spouses
11. Property aquired during marriage
12. Brought up the children
13. Guardianship
14. Dissolution of marriage
15. Consequence of breaking of marriage
16. Rujuk
17. Mourn period (masa berkabung).

To commit a marriage, the matters must be there are (Rukun Nikah, basic prinsiple of nikah) :
  1. bride-groom
  2. bride
  3. wali nikah
  4. two witnesses
  5. ijab-kabul.

Based on Compilation of Islamic Law article 4, a marriage is legal, if it done according to Islamic law, and according to article 2 The Marriage law. Every marriage must be registered so that every marriage must done in front of Registerer Official of Nikah, and the couple will get Akta Nikah (document of nikah) as a proof that they have married.

Is it mean that marriage not done in front of Pegawai Pencatat Nikah illegal?

The mean of legal in here is legal according to State Law. So that a marriage not done in front of Pegawai Pencatat Nikah (for example, it done in front of ustad or kyai) is still legal just according to Religious Law (Islamic Law), but according to State Law it is not legal because of no proof.

What must do in order that the marriage can be legal not only according to Islamic Law but according to State Law too? If a marriage can not proved with Akta Nikah, it can asked Itsbat Nikah to Religious Court.