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.