Fiction: My Friend Ayik (3)

My room

It’s 02.00 AM, but I am still not sleepy. My insomnia is come again. Ayik’s problem has made my brain is full. Mereover she remembered me about Partini.
Partini was a married woman. She was caught red-handed committing adultery with a man else when her husband went to work in Hongkong. (Some people of Indonesia work to abroad) People of village was so angry because found Partini and her boy-friend in bed room in Partini house. Partini and her boy-friend assumed had put to shame village. The people worried will get unlucky. They worried God will curve because the adultery. For this reason, village must be clean. Consequently, the adulterers must drove off from village. Before drove off, the people brought them in nakedness arrounded the village. As long as arrounded, Partini and her boy-friend got scorns from people saw them like a carnival. Even Partini blooded because thrown shoes.It’s a social law. Adat Law. So scare….
In this condition, willy-nilly Ayik must tell her parent about the truth. Maybe they have an solution. Everything to prevent Adat punishment to Ayik.
The problem is, Ayik afraid and she asked me to tell to her parent. How can I tell them about Ayik’s pregnant? It’s about a sensitive matter. I know Ayik’s parent. I know her father. He is a strict man and very conservative. He always keeps the tradition. For him, honor is all in all. Born of love child is a shame. Now, what will happen if he knows his daughter pregnant without married? I imagine bad things.
Ayik has put me in hard situation. Actally I was rather angry with her. She and Sunu made a sin, but now I must take the consequence. I must face Ayik’s father as if I am pregnant. Huh…. But again and again her crying has made me gave up although I has not sure.
Fortunately Alloh help me. Ayik’s father went out when we came to Ayik’s house last afternoon. Notwithstanding, we will try nextday.
(to be continue....)

Draft of Religious Justice Law: Nikah Siri is Crime?

At least that is debating recently. It is about criminal stipulation in Draft of Religious Justice Law (Rancangan Undang-undang Peradilan Agama), article 143. It states that everyone consciously perform marriage not in front of Register Official of Nikah will punished fine maximum Rp. 6000,000.- or imprisoned maximum 6 months.

It means someone commit nikah siri (unregistered marriage) can fined Rp. 6000,000.- or imprisoned 6 months.

Of course criminal stipulation in the Draft receive cordial welcome from activists and people who care about women and children. All this time, nikah siri is assumed as chink entering domestic violence. Besides, no legal protection to wife of nikah siri and her children.

On the other hand, some other people refuse the criminal stipulation. The punishment threat is unreasonable stipulation. Because nikah siri is valid according to Sharia. Nikah is ibadat. Religious order. It is really not fit to crime someone because of commiting religious order. Mereover, it is Indonesia, a country with the biggest population of muslim in the world. And nikah siri does not always have tragic end.

It is quite wrong. One side, Government/State only want to give legal protection to all citizens with registered marriage. But in other side, State can not prohibit people to do religious order. So what the solution?

Until now, it still analysed by Government, Ulama, and other sides. Hopefully, there will be good solution, before Draft of Religious Justice Law field Marriage enter National Legislation Program in Parliament in 2010.

Nikah Siri (Unregistered Marriage)

Nikah Siri is marriage performed just according to Islamic Law (Sharia), without registered according to stipulation of Marriage Law in Indonesia. It is usually done secretly, so just known by certain people. Even it is enough if only presented by the couple, wali nikah (marriage guardian), witness, and some close families. Because of secret, so no celebration, no party.

There are some reasons why someone commit nikah siri. From financial reason until adultery reason. From polygamy reason until job reason.

For the poor, they choose to commit nikah siri because of no choice. Marriage frankly (according to State Law) means party, and party is so expensive. And they have no money. So save method to marry is nikah siri.

Sometimes the young commit nikah siri because they are still student and have not worked. Also because to prevent from adulterous behavior. As in Jogjakarta. As a student city, there are boys and girls, studying in some universities. They come from all region of Indonesia, even from other countries. And most of them are muslim. As wanderer, young, of course there are so many temptation. So to protect and prevent from adultery (zina), they commit nikah siri. And after graduate, some of them continue their marriage by registration, and the others choose to separate (divorce).

Sometimes nikah siri is also done because the bride-groom has had wife before. So for 2nd marriage, he commit nikah siri. Mereover if he is a civil servant who prohibited to commit polygamy. If broken the rule, he will get punishment.

Except those above, there are some jobs that require marital status single for employee for certain period.

Because of no registration, nikah siri has negative effects. It is about children resulted from nikah siri. Although nikah siri is valid according to Sharia, but no marriage according to State Law. Because no registration means no document of marriage. It is same with no proof of marriage. It is influenced to legal status of children. According to State Law, they are born out of wedlock. Illegitimate children. Consequently, they just have legal connection with their mother, not their father.

Other effect is if divorce happen. Wife can not sue to livelihood (mut’ah) if she divorced by her husband. She also can not inherite from her husband if her husband is dead, and her children can not too.

That’s why nikah siri is always be controversy. Because of no legal certainty. No legal protection from State to women and children.

Fiction: My Friend Ayik (2)

I hope I mishear. I see her. She bend as if try to conceal her face. “Yes. Syaithon defeated me, Lintang. I did it. And I’m pregnant now….”
I can’t say anything. Reality that Ayik pregnant is shocked me. I know her. She has not married. It’s mean…, she committed adultery. Zina! It’s a big sin.
“Lin….” I hear Ayik called me but I don’t care. I’m still not understand. How can she do it? She teached me about good and sin. She teached me how to sholat, how to near Alloh. She teached me to read Quran and how to understand it.
“Lintang, please say something….”
I hear her voice, but I still can say nothing. I respect her. She introduced me to Islam. I have learnt a lot from her. Learn how to be a muslimah. The reality is really hurt me. She should be a good example for me.
“I can understand if you don’t want to talk to me anymore. I can understant if you disgust at seeing me. I’m dirty….” Ayik started to cry.
Her crying is touched me. Ayik is just a human. Every human can make a mistake,but the most important is how to correct it and never repeat it. I realize that she needs help.
I hold her hand. “It’s ok, Ayik. You always be my friend, what you are.”
“You’re not disgusted at seeing me?”
“Of course not.”
We embraced. Ayik is still crying while I can not against my teardrop.
Ten minutes later I asked her. “Who is he, Ayik?”
Ayik is silent.
“Please, Ayik! You might not pregnant without a man. You’re not Siti Maryam. Please, your problem must be solve as soon as posible! But it can’t solved if you hide him. Is he Sunu?”
Ayik nod her head.
“Sunu know about it?”
“He does’nt want my baby. He command me to have an abortion.” She erased her teardrop.
“What’s your plan? You will do it?”
“Of course not. I ever committed a big sin, and I don’t want to do a sin anymore. I’m not a murder, Lintang. I will not able to face Alloh’s curse.”
I can see Ayik’s repentance so clearly.
“But I’m scare….I don’t want like Partini.” Ayik cried mentioned Partini, a women Ayik’s neighbour that punished by Adat Law because of zina.

(to be continued)