The Importance to Come when Called by Court in Divorce Case

Several times ago a friend came. She told me her marriage problem. Her husband would divorce her. And she got letter of calling from Religious Court, but her husband prohibited her to attend the trial.

Well…. Actually it is hard to understand that a husband prohibited his wife to attend the trial connected with their divorce case. It is hard to believe that he had good intention while he was commiting divorce action.

In a divorce case, Religious Court call husband and wife to ask explanation about the reasons of divorce. If a wife as respondent does not come when court called, so explanation only got from husband as claimant. How if claimant’s explanation is untruth? Who knows…. It will be unfair situation.

If a wife as respondent or her lawyer doesn’t come in court, she possible can not struggle to get her rights if divorce happen. In Islamic Law, a husband that has divorced his wife has obligation to give mut’ah and livelihood to his ex-wife. Mut’ah is a gift from ex-husband to his ex-wife, in good form or money. But the obligation can be not decided based on certain condition.

Besides, there are some matters else that connecting with divorce. They are mahar debt (maybe), and hadhonah (children care) cost.

That’s why a wife as respondent should come to court when called. Because important to judge to hear explanation from both sides before decide to give permission of talak (divorce) or refuse it.

So, why not come when called by court?

Marriage Contract

Marriage Contract is right of everybody. It is permitted by Indonesian Law as far as not break limits of law, religion, moral and general discipline. In Indonesian Law it is called Perjanjian Perkawinan. It is regulated in Private Law Code (Burgelijk Wetboek), Marriage Law Number 1/1974, and Compilation Of Islamic Law in Indonesia.
And for muslim is inforced Compilation of Islamic Law in Indonesia jo. Marriage Law Number 1/1974.

Marriage Contract can done at time or before or after akad nikah performed. It must be written and must be validated by Registerer Official of Nikah. The contract locks the parties and 3rd party since date of marriage performed in front of Registerer Official of Nikah.

The kind of contract can be made by bride and bride-groom are: taklik talak, and other contract that not contravene with Islamic Law, such about legal community of goods, prevention domestic violence, contract connected polygamy.

The matters regulated in contract of marriage concerning legal community of goods are: mixing of personal property, separation of communal property, and stipulation of authority each party to mortgage personal property and communal property.

Mixing of personal property
Contract of mixing of personal property can include all properties. It can include brought property each party in marriage, and also property that got by each side in marriage. In the contract, can also be stipulated that mixing of personal property limitated on personal property that brought when marriage performed. So personal property got as long as marriage can not be entered in the mixing, so on the contrary.

Separation of communal property
If the parties make contract of separation of communal property, so the contract may not reduce or lose husband’s obligation to fulfil household necessaries. The mean, although property of husband and wife separated, the husband remains a leader of family that must give living cost for his wife and his children, that obligates to all their necessaries.

Marriage Contract and Polygamy
In connection with polygamy, contract of marriage is important. It is connected with husband’s fairness for his wifes. When marry with 2nd wife, 3rd wife, or 4rd wife, the bride-groom can make a contract about domicile, time of turn, and cost of household for bride. Once again, it is important. Very important! Because fair for someone sometimes is not fair for another one.

As long as marriage, can contract of marriage be changed? As long as marriage, the contract can not be changed except the parties have agreed, and the effect of the change must not cause loss for 3rd party.