Thursday, July 1, 2010

Can Marriage Contract be Revoked?

Q: A couple made a marriage contract. After some years, they wanna revoke the contract. Can marriage contract be revoked?

A: We must know the material of marriage contract first. If it’s about taklik talak, according to Compilation of Islamic Law in Indonesia, marriage contract can not be revoked. Whereas if the material of contract about good/property, so it can be revoked.
About revocation of contract of marriage, actually Compilation of Islamic Law in Indonesia regulates only about goods/property. It is regulated in article 50 section 2-5.

Contract of Marriage about goods can be revoked based on agreement of husband and wife. The parties obligate to register the revocation in office of Registerer Official of Nikah. And since registration, the revocation locks in husband and wife, but it does not lock in 3rd party immediately. Revocation just locks in 3rd party since date of registration is announced by husband and wife on a newspaper.

How if announcement not done by the couple is? If in 6 months announcement is not done by husband and wife, so registration of revocation is drop automatically and unlock in 3rd party.

Important. Revocation of contract may not cause disadvantage on contract with 3rd party before. So about debt of 3rd party, it must be responsiblilty of the spouses.


  1. Aku belum bisa komen ttg tulisanmu.... Cuman tampilan blog, bikin aku mumet bacanya... Warnanya Jeng...

  2. Hehe... ok, thx masukannya...


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