Friday, October 1, 2010

Prevention of Marriage

Prevention of marriage is done to avoid a marriage that forbidden by Islamic Law and State Law. It can be done if bride and/or bride-groom si not fulfil requirement of marriage according to law.
Difference of social status, ethnic, wealth can not be reasons to prevent a marriage. Only difference of religion (ikhtilaafu al dien) can be reason of prevention of marriage.

Prevention can not be done by everyone. Only certain person can do it. They are:
  • All family in upward and downward straight line (including father)
  • brother and sister
  • wali nikah (marriage guardian)
  • wali (guardian)
  • husband /wife of bride/bride-groom
  • pointed employee to watch marriage.

How to prevent a marriage?
Prevention of marriage must be forwarded to Religious Court (Pengadilan Agama) in legal area where the marriage will be performed. Someone that prevent the marriage, must tell Registerer Official of Nikah (pegawai Pencatat Nikah) about the prevention. Then the Registerer Official of Nikah tell bride and bride groom about request of marriage prevention.
Revocation of Marriage Prevention
The marriage can not be performed as long as the prevention has not revoked. Marriage prevention can be revoked by revoke request of prevention in Religious Court. It also can be revoked by decision of Religious Court.

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