Thursday, October 7, 2010

Marriage Prevention by Registerer Official of Nikah

Sometimes there is a violence of marriage law but no one prevent the marriage. Can the marriage be performed? Registerer official of Nikah (Pegawai Pencatat Nikah) is forbidden to perform or help to perform a marriage if he know existance ot violence of rules, although no request of marriage prevention.

The rules that may be collided are:
  • Minimun limitation of age of bride and/or bride-groom
  • there is marriage obstacle between bride and bride-groom
  • connected to polygamy requirements
  • stipulation about the couple that divorced, then want to marry again after one side married with someone else and divorced
  • connected to manner of implementation of marriage that ruled by other law.

If Registerer Official of Nikah opines that on a marriage there is something forbidden by Marriage Law Number 1 year 1974, he will refuse to perform the marriage. Then the Registerer Official of Nikah gives written explanation about rejection and the reason.

Concerning the rejection, the sides can make a complain. They have right to request a decision to Court by delivering explanation letter of rejection of marriage. Court is Religious Court in legal area where Registerer Official of Nikah exist.

Religious Court will investigate the case by short procedure and will give decision.
The kind of decision are:
  • strongger the rejection of Registerer Official of Nikah
  • command perform the marriage.

What happen with the Court’s decision if the obstacles are lost? The decision will powerless if obstacles that result in rejection is gone. And the couple that want to marry can repeat information about their purpose to marry.

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