Development of Taklik Talak in Indonesia

Taklik Talak or Ta’liq al-talaq (Conditional Divorce) has been in Indonesia, particularly in Java island, since centuries ago. Since era of Islamic Mataram kingdom under Sultan Agung (1613-1646). That’s research of Hisako Nakamura. She is a Professor of Anthropology in the Faculty of International Studies at Bunkyo University.

Nakamura divided development of taklik talak into 3 period:

1. era of Mataram kingdom
2. era of Dutch colonial
3. era after independence of Indonesia in 1945.

Era of Mataram kingdom

Sultan Agung is the first king in Java that received the tittle of Sultan. During his rule, Islam penetrated deeper among the general population of Java.

In the era of Islamic Mataram kingdom, the pronouncement of taklik talak was formalizad simply, like this:

(The bridegroom is read out a promise by a religious official): “Listen Bridegroom. Do you accept the royal promise (janji dalem) of taklik? In the even you leave your wife so-and-so for seven months by land or for two years by sea, axcept if you are on military duty, and he even your wife does not want to be quietand bring the case to the religious court (rapak), then talak one will fall after the court investigation proves the case to be true.”

(The bridegroom answers): “Yes, I do.”

Era of Dutch Colonial

• The Dutch Colonial Government promoted the native custom and instruction including mention of ta’liq al-talaq was issued by Herman Willem Daendels, Governor General of the Netherland East Indies (1807) to native regent (bupati) of Java
• It was followed by decrees of the duties of the religious judge (penghulu) in Stb. (Staatsblad) 1835 No. 58, and on the formation of the Religious Court (Raad Agama) in Stb. 1882 No. 152
• Ta’liq al-talaq appeared as part of Ordonansi Pencatatan Perkawinan (Ordinance on Marriage Registration) in Stb. 1895 No. 198, in Stb 1929 No. 348, Stb. 1931 No. 348, and Stb. 1933 No. 98 for the Solo and Yogyakarta principallities.

Era After Independence of Indonesia

About marriage of muslim including taklik talak is regulated in Compilation of Islamic Law (Presidential Instruction No. 1/1991). Standart taklik talak is here.