Tuesday, March 23, 2010

The Importance of Marriage Contract

At least that is content of my brain when I came in a NGO in Yogyakarta. The NGO made a discussion program about abuse of women.

At the program, presented a research result about abuse of new diffable women in Bantul regency, province of Special District of Yogyakarta. Yes, there are abuses of new diffable women. Diffable women! They are victim of Jogja earthquake years ago. They get abuse, even from closest one, husband. Sometimes, the abuse, physically, economically, psychologically, sexually, even mixing abuses. Really a domestic violence!

A woman with wheel chair said, that her husband left her for another woman. He left her without living cost for her and their children. And she has no job after she has paralyzed because of earthquake. Sometimes her husband come home, but he never give her some money even he take her money while hit her. Ohh….

I think a woman can prevent herself from situation like this, with make a marriage contract about no abuse or no domestic violence. An agreement about the consequence if abuse happen. At least, a woman will get good bargaining in difficult situation.

Wednesday, March 10, 2010

Islamic Family Law in Indonesia

Based on law science, private law is divided into: Personal Law (Personenrecht, Hukum Perorangan/Badan Pribadi), Family Law, Property Law, and Inheritance Law.

Family law is part of private law that rules about connection of blood relation and marriage relation, and its consequence. Blood relation (blood family connection) is family string among some people who have same ancestor. Whereas family connection because of marriage (marriage relation) is family string as consequence of marriage, between someone and blood family of husband/wife.

The most of Indonesian Family Law is regulated in Law number 1/1974 about Marriage (Marriage Law). Actually, stipulations of the Marriage Law adopt Islamic Law. It can be understood remember the most of Indonesians is muslim. And further, more specific family law for muslim (Islamic Family Law/Islamic Marriage Law) is regulated in Compilation of Islamic Law.

Fiction: My Friend Ayik (5)

Ayik’s house

“What?!” Ayik’s father look at me with suspicion as if I have slandered his daughter. Ya Alloh…, my guess is true. Why me? Ayik and Sunu should face Pak Broto, Ayik’s father. Not me…. (Pak =mr, a call for man that older or respected)
I almost have no brave to look his eagle-eyes.
“I’m so sorry pak Broto. But it’s true. Ayik conseiving now. “
Pak Broto looks very angry while his wife is crying in chair. He call off Ayik whom hiding in her room.
“Ayiik!!” he shouted harder.
Ayik come with fear in her face.
“It’s true?!”
Ayik is so tremble so can say nothing. She just can nod her head. She have not brave see her father face.
“It’s true, Ayiik?!!” Pak Broto asked with harder voice as if he want to get certainty.
“Yes….Yes, Bapak. I’m pregnant…. I’m so sorry….” (Bapak=father)
Blug! Pak broto pushed his daughter so that Ayik fall in the floor.
“Bapak….” Ayik cry.
“What a shame!! I always talk about morality, but my daughter have immoral conduct. My daughter…., has brought disgrace on my face….” Pak Broto sit in chair and start to cry.
While crying Ayik come to her father. “I’m sorry, Bapak….I’m so sorry.”
“What’s my sin until I have daughter like you?”
Ayik crying is harder because of his father words. Her repentance is so clearly.
“Istighfar…. Istighfar, Pak.” Bu Broto tried to quiet her husband whereas her heart is broken.
When Bu Broto is talking to her husband, soon I bring Ayik to her room. I worry Pak Broto can not control himself so that hit his daughter.
Ayik is still crying. “What can I do, Lintang? What will happen to me and my baby?”
I really can not answer her questions. I just can embrace her, give my shoulder to cry on. Ah, Sunu should here. He promissed. It’s 9 PM but he has not come.
Suddenly something noicy heard from living room.
Buk!! Buk!
“No!...No!...Please….” Bu Broto screamed.
What’s up? I run to living room. So does Ayik. We look Sunu has been in the living room. He looks exhaust and his face looks bruised.
Pak Broto is releasing his angry. His hits to Sunu make Ayik and Bu Broto shout and cry. And Sunu let his body hit by Ayik’s father as if Sunu want to clean his sin. The more hit he accept, the more sin erased. But it’s wrong. Pak Broto is losing his control. Sunu can died.
“Stop!” I push Pak Broto when he wanted to hit Sunu anymore.
“Don’t intervene in!!” Pak Broto shouted me angrily.
“Please, Pak Broto….”
“It’s not your business!!” Pak Broto will attack Sunu anymore.
“Ok….Ok…Kill him!!” I shouted. “If he is dead, I guarantee you will be prisoned, even sentenced to dead. And Ayik, your daughter, will bear love child. Your grandchild will never has father that you killed. Your family will broken! Now kill him!!”
I don’t know why I get my brave. I only know that it’s the way make him stop. And I think I’m success. Pak Broto just quiet. He looks hesitate.
“Please, Pak Broto! Sunu come with good intention. He come to responsible. He come to Ayik and the baby. ”
Pak Broto look at Sunu and Sunu nod his head. “That’s right, Pak.”
“Ok….You all, leave me and Sunu! We must talk. It’s man’s business.”
Man’s business? Actually I rather disturbed with those words, as if no equality in gender. But it’s urgency so no protest. At least it’s good sign. Finally I follow Ayik and Bu Broto leaving living room.

Jakarta, 2 weeks later

Today is marriage of Ayik and Sunu. The marriage is performed as soon as posible, in order that Ayik’s baby born in the wedlock. In order that Ayik and the family avoided from Adat Law. I’m happy for her although her marriage is MBA, marriage by accident. A marriage which the bride is pregnant.
And unfortunately I can not come in the marriage. I’m here. In Jakarta. I have a job interview.
Song ‘Right Here Waiting’ is sounded in my handphone. Ayik calling.
“Wa alaikum salam. Lintang, I’m Sunu’s wife now,” Ayik shouted happily in phone.
“Wow, congratulation! I’m Happy for you.”
“Thanks. But promise, you will see me after you come from Jakarta?”
“Insya Alloh, I promise….Hey why you phone me? You should still in your marriage party, shouldn’t you?”
“Yes. The party hasn’t finished. I’m renewing my make-up. Here is my father.”
One minute later I hear Pak Broto’s voice. “”Hello, Lintang!”
“Hello Pak Broto! Congratulation on Ayik’s marriage.”
“Thank you Lintang. It’s because of you too.”
“Pardon me?”
“Don’t pretending! I knew all. Sunu told me about prison, about lawyer….”
Tut! Tut! Tut! It’s broken. My battery handphone is empty. But I think I know what Pak Broto mean, and I laugh in heart.
“Miss Lintang Cahya….” A receiptionist call my name.
It’s my turn to interview. Bismillah….

(The End)

Thursday, March 4, 2010

Inheritance for Husband

Q: My mother-in law dead 2 years ago. She had some properties. She left husband, 2 sons and a daughter. Can her husband inherit her properties? How much part of each sides?

A: In Islamic Inheritance Law, a husband/wife can inherit property of wife/husband as long as no obstacle to inherit.
If a woman dead and leaft husband, a daughter and 2 sons, so they are all can heir to her property as long as no obstacle to inherit. Because his wife, deceased, has children, a husband get ¼ of property, and remain of inheritance (3/4) is right of all the children with stipulation part of man is same with part of 2 women.
So, part of husband= ¼ from inheritance= 5/20inheritance.
A daughter= 3/20 inheritance.
2 sons= 12/20 inheritance, so each son get 6/20.

Is Contract of Marriage about Property Permitted?

Q: I want to marry a woman whom richer than me. Her big family has suspiciousness that I will take her money. To wipe out the souspicion I plan to make a marriage contract about it. Is contract about separation of property between husband and wife permitted in Islamic Law?

A: To make a marriage contract about property between husband and wife, including separation of communal property, is right of the parties. Of course it is permitted by Indonesian Law including Islamic Law in Indonesia as far as not contravene with Positive Law of Indonesia.

Fiction: My Friend Ayik (4)

Center Post Office of Yogyakarta

After sent an application letter I sit down in the waiting chair in Center Post Office. A Have an appointment with Sunu. I said I have an order. Sunu’s father has small store of uniform fashion. I lied but I have no idea.
Five minutes later Sunu come. He sit beside me. “What kind order is?” he asked me.
“Order of responsibility.”
I see his face, exact in his eyes. He looks confuse. “Well…, to the point, Sunu. It’s about Ayik and you. I know what happen. Please marry her!”
He look at me unpleasantly, but I don’t care.
“She asked you to talk to me,” he said. I don’t like his tone. Sarcasm.
“No. I’m here of my own free will. She doesn’t know.”
“You don’t have anything else to do so you see me only talk about it?”
I started to lose patience with him. His words make me want to hit his face. “I’m jobless, so are you. But I’m better than you. At least I have good moral. And you? I don’t think so.”
He say nothing.
“It’s not your business.”
“It’s my business too. Ayik is my friend you know. And I will help her.”
“So…, you must responsible. Please marry her! Or….”
“Or what?”
“Make yourself ready to go to prison!”
Sunu’s face looks change. He looks tense. “Can I prisoned because of this?” he asked me. And I can see his panic from his voice.
“If you commit adultery in Islamic country, you will be stoned to dead. Stoned to dead is not included in Indonesia law. But, I know the way to get you in the jail. I have consulted a lawyer. You know I have some friends that lawyer.”
His panic is clear more and more. I laugh in heart. My guess is true. Someone has economic problem and educational limitation is easy to intimidated. Sunu is too.
Finally he only can sit and bend his face. “Maybe you don’t trust me. Again and again I regret I did it. I regret I have made Ayik cry.”
“Just regret is useless.”
He hold his head. “What can I do? I’m not ready to marry. I’m jobless you know.”
“What about the store?”
“You know it’s my father’s store. Moreover it almost bankrupts….”
“Someone tell me that Alloh will help someone make kindness. We will never know how and when Alloh’s help come. But it’s sure. Now…, the choice in your hand. To be a responsible man or to be a….prisoner.”
He looks shocked hear word ‘prisoner’. “Ok!”
“Show it to Ayik’s parent at five PM today. Ok?”
I leave the post office. Leave Sunu with his thinking. Again, I lied. I lied about prison. I lied about lawyer. And I have no better idea. I have no bad intention.
(to be continued)