Monday, September 21, 2009

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.

No comments:

Post a Comment

Please leave your comment here....