Friday, August 6, 2010

Taklik Talak (Conditional Divorce)

Taklik Talak or ta’liq al-talaq (conditional divorce) is a contract said by bride-groom after akad nikah, and included in akta nikah (document of marriage). It contents promise of talak (divorce) based on certain situation/condition that may be happent in the future. On the other words, divorce comes into effect only at a time when an already specified condition has been fulfilled. Example, husband does not give livelihood 3 months in a row.
If certain situation/condition on Taklik Talak happen, is talak (divorce) fall outhomatically?
If specified condition is happen, it is not mean divorce happen directly. In order that talak fall seriously, wife must bring it to Religious Court.
Actually Taklik Talak is not a contract obligated to do in every marriage. But once Taklik Talak said, it can not be revoked in one way or another. (I think it is form of legal protection for woman).
Taklik Talak may not fill something that contravene with Islamic Law. Content of Taklik Talak is depend on bride-groom, but usually it has been standard contract. Like this:
“After akad nikah, I am Doni, say taklik talak of my wife Tina, below: One day if: 1. I leave my wife 6 months in a row, 2. Or I don’t commit my obligatory support (nafkah), body and soul, 3. Or I maltreat my wife physically, 4. Or neglect my wife 6 months in a row;
Then my wife doen’t like my conduct, and sue to Religious Court, and my wife pay RP. 5000 as iwadh, and her indictment is corrected and accepted by Religious Court, so my first talak falls upon my wife. Then to Court, I authority to accept the iwadh and to contribute it for charitable purpuses as sidkah.”
Of course conditions mentioned above are standart condition, and the wife may also add further conditions.

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