Monday, January 25, 2010

Free Will to Marriage

According to definition of marriage on Compilation of Islamic Law in Indonesia, marriage is a covenant, a contract. Existance of agreement of the couple results in it as a contract.

In Private Law, agreement is requirement of validity of contract. The mean of agreement is free will. There must be free will from bride and bride-groom.

What is free will?Free will is happen if :
* There is no coercion (dwang) that breaking the law,or
* There is no error/misunderstanding about identity (error in persone/dwaling in persone); concerning in marriage is about identitiy of bride/bride-groom.

If agreement is got without free will, it can said there is defective will (cacat kehendak/wilsgebrek). And if there is no free will in performing marriage, thus the marriage is voidable. Husband or wife can ask annulment in court.

How if husband/wife not use their right to ask annulment and still living together as husband and wife is?According to aricle 27 Marriage Law number 1 year 1974 (Undang-Undang No 1/1974 tentang Perkawinan/UUP), if coercion has stopped, misunderstanding is realized, but on 6 months after it still living together as husband and wife, and they do not use their right to ask annulment, consequently the right is drop.

Fiction: My Friend Ayik (1)

My room

I just sent my e-mail when I heard a motor cycle stopped in front of my house.
“Good morning Bu Danu,” I heard Ayik said. (Bu = mrs, a call for a woman that older or respected)
“Morning, Ayik. Direct to Lintang’s room. She is over there,” my mother showed Ayik where I am.
“Thanks, Bu.”
Three minutes later Ayik has been in my room and to be resting on my bed. “You busy?” she asked me.
“ Not anymore. I finished.” I turn off my computer.
“Job application again?”
“Yeah.” I recline in Ayik side. Actually I rather shame to answer it. As if I reclear my jobless. It’s really disturb me. I am not as lucky as Ayik. She has got a job before graduated while I am still jobless for more than a year.
I remember this day is Monday suddenly. “Hey, why you here? You should work.”
“I’m absent today. I’m in a bad mood.”
“Bad mood? It’s not a reason to not work….It’s ironic. You are absent because of bad mood while many people are jobless,including me….”
“Please!” Ayik hold my hand. “I mean no harm. You know…I just…” She looks so sad.
“Hey, it’s ok. You didn’t hurt me.”
She looks happy. “Let’s we go! Anywhere. Searching a fresh air.”
“You’ll treat me?”
“Ok! I’ll take a bath first.” I run to the bathroom.

Malioboro, center of city

Two hours later we have been in a mall, in Malioboro area. Malioboro is heart of Jogja city.
We just take a walk, around the mall. Yes, we usually do it if one of us sad or in the bad mood. Sometimes we buy something, sometimes buy nothing.
I and Ayik are friend since over ten years ago. Since we were in Junior High School. Therefore I always know if Ayik in problem, and so does Ayik. I know she is not only in a bad mood now. It’s more than a bad mood. I think she is in problem. But I don’t want to ask. I just wait until she ready to talk. She always only tell her problem if she has readied.
Finally she said,”I want to tell you about something.” Then we walk to a restaurant.
“About what?” I really want to know. But she looks confuse.
“Let…eat first!”
Then we eat gado-gado we ordered. After we finished, Ayik has not told anything. She always looks so confuse when she started to talk. I worry about her.
“What happen, Ayik?”
Again and again, she nervous. “I can’t….This place is so crowded.”
I see around. This restaurant almost empty. “Ayik, there are just 4 visitors including us. They can’t hear we talk.”
She shake her head. “No. I can’t.”
I just can take a deep breath. I’m sure it’s serious. Very serious. “Well….come quick! We haven’t sholat Dzuhur. It’s 1.15 pm now.”

In a mosque, in Gadjah Mada University area

Ayik is still praying when I finished my sholat. I go out to the terrace of the mosque. It’a almost 2 years since my last sholat in this place. Many years ago I often sholat in this mosque, a campus mosque.
“Mosque always be comfortable place for a broken heart,” Ayik said while sat beside me.
“For the happy heart too,” I added.
“It’s suitable place for a regret human to go.”
“For a human to thank to God too.”
Silent for a moment.
“I’m pregnant….”
(to be continued)