Fiction: My Friend Ayik (4)

Center Post Office of Yogyakarta

After sent an application letter I sit down in the waiting chair in Center Post Office. A Have an appointment with Sunu. I said I have an order. Sunu’s father has small store of uniform fashion. I lied but I have no idea.
Five minutes later Sunu come. He sit beside me. “What kind order is?” he asked me.
“Order of responsibility.”
I see his face, exact in his eyes. He looks confuse. “Well…, to the point, Sunu. It’s about Ayik and you. I know what happen. Please marry her!”
He look at me unpleasantly, but I don’t care.
“She asked you to talk to me,” he said. I don’t like his tone. Sarcasm.
“No. I’m here of my own free will. She doesn’t know.”
“You don’t have anything else to do so you see me only talk about it?”
I started to lose patience with him. His words make me want to hit his face. “I’m jobless, so are you. But I’m better than you. At least I have good moral. And you? I don’t think so.”
He say nothing.
“How?”
“It’s not your business.”
“It’s my business too. Ayik is my friend you know. And I will help her.”
“So?”
“So…, you must responsible. Please marry her! Or….”
“Or what?”
“Make yourself ready to go to prison!”
Sunu’s face looks change. He looks tense. “Can I prisoned because of this?” he asked me. And I can see his panic from his voice.
“If you commit adultery in Islamic country, you will be stoned to dead. Stoned to dead is not included in Indonesia law. But, I know the way to get you in the jail. I have consulted a lawyer. You know I have some friends that lawyer.”
His panic is clear more and more. I laugh in heart. My guess is true. Someone has economic problem and educational limitation is easy to intimidated. Sunu is too.
Finally he only can sit and bend his face. “Maybe you don’t trust me. Again and again I regret I did it. I regret I have made Ayik cry.”
“Just regret is useless.”
He hold his head. “What can I do? I’m not ready to marry. I’m jobless you know.”
“What about the store?”
“You know it’s my father’s store. Moreover it almost bankrupts….”
“Someone tell me that Alloh will help someone make kindness. We will never know how and when Alloh’s help come. But it’s sure. Now…, the choice in your hand. To be a responsible man or to be a….prisoner.”
He looks shocked hear word ‘prisoner’. “Ok!”
“Show it to Ayik’s parent at five PM today. Ok?”
“Ok…,Ok.”
I leave the post office. Leave Sunu with his thinking. Again, I lied. I lied about prison. I lied about lawyer. And I have no better idea. I have no bad intention.
(to be continued)

Fiction: My Friend Ayik (3)

My room

It’s 02.00 AM, but I am still not sleepy. My insomnia is come again. Ayik’s problem has made my brain is full. Mereover she remembered me about Partini.
Partini was a married woman. She was caught red-handed committing adultery with a man else when her husband went to work in Hongkong. (Some people of Indonesia work to abroad) People of village was so angry because found Partini and her boy-friend in bed room in Partini house. Partini and her boy-friend assumed had put to shame village. The people worried will get unlucky. They worried God will curve because the adultery. For this reason, village must be clean. Consequently, the adulterers must drove off from village. Before drove off, the people brought them in nakedness arrounded the village. As long as arrounded, Partini and her boy-friend got scorns from people saw them like a carnival. Even Partini blooded because thrown shoes.It’s a social law. Adat Law. So scare….
In this condition, willy-nilly Ayik must tell her parent about the truth. Maybe they have an solution. Everything to prevent Adat punishment to Ayik.
The problem is, Ayik afraid and she asked me to tell to her parent. How can I tell them about Ayik’s pregnant? It’s about a sensitive matter. I know Ayik’s parent. I know her father. He is a strict man and very conservative. He always keeps the tradition. For him, honor is all in all. Born of love child is a shame. Now, what will happen if he knows his daughter pregnant without married? I imagine bad things.
Ayik has put me in hard situation. Actally I was rather angry with her. She and Sunu made a sin, but now I must take the consequence. I must face Ayik’s father as if I am pregnant. Huh…. But again and again her crying has made me gave up although I has not sure.
Fortunately Alloh help me. Ayik’s father went out when we came to Ayik’s house last afternoon. Notwithstanding, we will try nextday.
(to be continue....)

Draft of Religious Justice Law: Nikah Siri is Crime?

At least that is debating recently. It is about criminal stipulation in Draft of Religious Justice Law (Rancangan Undang-undang Peradilan Agama), article 143. It states that everyone consciously perform marriage not in front of Register Official of Nikah will punished fine maximum Rp. 6000,000.- or imprisoned maximum 6 months.

It means someone commit nikah siri (unregistered marriage) can fined Rp. 6000,000.- or imprisoned 6 months.

Of course criminal stipulation in the Draft receive cordial welcome from activists and people who care about women and children. All this time, nikah siri is assumed as chink entering domestic violence. Besides, no legal protection to wife of nikah siri and her children.

On the other hand, some other people refuse the criminal stipulation. The punishment threat is unreasonable stipulation. Because nikah siri is valid according to Sharia. Nikah is ibadat. Religious order. It is really not fit to crime someone because of commiting religious order. Mereover, it is Indonesia, a country with the biggest population of muslim in the world. And nikah siri does not always have tragic end.

It is quite wrong. One side, Government/State only want to give legal protection to all citizens with registered marriage. But in other side, State can not prohibit people to do religious order. So what the solution?

Until now, it still analysed by Government, Ulama, and other sides. Hopefully, there will be good solution, before Draft of Religious Justice Law field Marriage enter National Legislation Program in Parliament in 2010.

Nikah Siri (Unregistered Marriage)

Nikah Siri is marriage performed just according to Islamic Law (Sharia), without registered according to stipulation of Marriage Law in Indonesia. It is usually done secretly, so just known by certain people. Even it is enough if only presented by the couple, wali nikah (marriage guardian), witness, and some close families. Because of secret, so no celebration, no party.

There are some reasons why someone commit nikah siri. From financial reason until adultery reason. From polygamy reason until job reason.

For the poor, they choose to commit nikah siri because of no choice. Marriage frankly (according to State Law) means party, and party is so expensive. And they have no money. So save method to marry is nikah siri.

Sometimes the young commit nikah siri because they are still student and have not worked. Also because to prevent from adulterous behavior. As in Jogjakarta. As a student city, there are boys and girls, studying in some universities. They come from all region of Indonesia, even from other countries. And most of them are muslim. As wanderer, young, of course there are so many temptation. So to protect and prevent from adultery (zina), they commit nikah siri. And after graduate, some of them continue their marriage by registration, and the others choose to separate (divorce).

Sometimes nikah siri is also done because the bride-groom has had wife before. So for 2nd marriage, he commit nikah siri. Mereover if he is a civil servant who prohibited to commit polygamy. If broken the rule, he will get punishment.

Except those above, there are some jobs that require marital status single for employee for certain period.

Because of no registration, nikah siri has negative effects. It is about children resulted from nikah siri. Although nikah siri is valid according to Sharia, but no marriage according to State Law. Because no registration means no document of marriage. It is same with no proof of marriage. It is influenced to legal status of children. According to State Law, they are born out of wedlock. Illegitimate children. Consequently, they just have legal connection with their mother, not their father.

Other effect is if divorce happen. Wife can not sue to livelihood (mut’ah) if she divorced by her husband. She also can not inherite from her husband if her husband is dead, and her children can not too.

That’s why nikah siri is always be controversy. Because of no legal certainty. No legal protection from State to women and children.

Fiction: My Friend Ayik (2)

I hope I mishear. I see her. She bend as if try to conceal her face. “Yes. Syaithon defeated me, Lintang. I did it. And I’m pregnant now….”
I can’t say anything. Reality that Ayik pregnant is shocked me. I know her. She has not married. It’s mean…, she committed adultery. Zina! It’s a big sin.
“Lin….” I hear Ayik called me but I don’t care. I’m still not understand. How can she do it? She teached me about good and sin. She teached me how to sholat, how to near Alloh. She teached me to read Quran and how to understand it.
“Lintang, please say something….”
I hear her voice, but I still can say nothing. I respect her. She introduced me to Islam. I have learnt a lot from her. Learn how to be a muslimah. The reality is really hurt me. She should be a good example for me.
“I can understand if you don’t want to talk to me anymore. I can understant if you disgust at seeing me. I’m dirty….” Ayik started to cry.
Her crying is touched me. Ayik is just a human. Every human can make a mistake,but the most important is how to correct it and never repeat it. I realize that she needs help.
I hold her hand. “It’s ok, Ayik. You always be my friend, what you are.”
“You’re not disgusted at seeing me?”
“Of course not.”
We embraced. Ayik is still crying while I can not against my teardrop.
Ten minutes later I asked her. “Who is he, Ayik?”
Ayik is silent.
“Please, Ayik! You might not pregnant without a man. You’re not Siti Maryam. Please, your problem must be solve as soon as posible! But it can’t solved if you hide him. Is he Sunu?”
Ayik nod her head.
“Sunu know about it?”
“He does’nt want my baby. He command me to have an abortion.” She erased her teardrop.
“What’s your plan? You will do it?”
“Of course not. I ever committed a big sin, and I don’t want to do a sin anymore. I’m not a murder, Lintang. I will not able to face Alloh’s curse.”
I can see Ayik’s repentance so clearly.
“But I’m scare….I don’t want like Partini.” Ayik cried mentioned Partini, a women Ayik’s neighbour that punished by Adat Law because of zina.

(to be continued)

Free Will to Marriage

According to definition of marriage on Compilation of Islamic Law in Indonesia, marriage is a covenant, a contract. Existance of agreement of the couple results in it as a contract.

In Private Law, agreement is requirement of validity of contract. The mean of agreement is free will. There must be free will from bride and bride-groom.

What is free will?Free will is happen if :
* There is no coercion (dwang) that breaking the law,or
* There is no error/misunderstanding about identity (error in persone/dwaling in persone); concerning in marriage is about identitiy of bride/bride-groom.

If agreement is got without free will, it can said there is defective will (cacat kehendak/wilsgebrek). And if there is no free will in performing marriage, thus the marriage is voidable. Husband or wife can ask annulment in court.

How if husband/wife not use their right to ask annulment and still living together as husband and wife is?According to aricle 27 Marriage Law number 1 year 1974 (Undang-Undang No 1/1974 tentang Perkawinan/UUP), if coercion has stopped, misunderstanding is realized, but on 6 months after it still living together as husband and wife, and they do not use their right to ask annulment, consequently the right is drop.

Fiction: My Friend Ayik (1)

My room

I just sent my e-mail when I heard a motor cycle stopped in front of my house.
“Good morning Bu Danu,” I heard Ayik said. (Bu = mrs, a call for a woman that older or respected)
“Morning, Ayik. Direct to Lintang’s room. She is over there,” my mother showed Ayik where I am.
“Thanks, Bu.”
Three minutes later Ayik has been in my room and to be resting on my bed. “You busy?” she asked me.
“ Not anymore. I finished.” I turn off my computer.
“Job application again?”
“Yeah.” I recline in Ayik side. Actually I rather shame to answer it. As if I reclear my jobless. It’s really disturb me. I am not as lucky as Ayik. She has got a job before graduated while I am still jobless for more than a year.
I remember this day is Monday suddenly. “Hey, why you here? You should work.”
“I’m absent today. I’m in a bad mood.”
“Bad mood? It’s not a reason to not work….It’s ironic. You are absent because of bad mood while many people are jobless,including me….”
“Please!” Ayik hold my hand. “I mean no harm. You know…I just…” She looks so sad.
“Hey, it’s ok. You didn’t hurt me.”
“Really?”
“Yeah.”
She looks happy. “Let’s we go! Anywhere. Searching a fresh air.”
“You’ll treat me?”
“Yes.”
“Ok! I’ll take a bath first.” I run to the bathroom.

Malioboro, center of city

Two hours later we have been in a mall, in Malioboro area. Malioboro is heart of Jogja city.
We just take a walk, around the mall. Yes, we usually do it if one of us sad or in the bad mood. Sometimes we buy something, sometimes buy nothing.
I and Ayik are friend since over ten years ago. Since we were in Junior High School. Therefore I always know if Ayik in problem, and so does Ayik. I know she is not only in a bad mood now. It’s more than a bad mood. I think she is in problem. But I don’t want to ask. I just wait until she ready to talk. She always only tell her problem if she has readied.
Finally she said,”I want to tell you about something.” Then we walk to a restaurant.
“About what?” I really want to know. But she looks confuse.
“Let…eat first!”
Then we eat gado-gado we ordered. After we finished, Ayik has not told anything. She always looks so confuse when she started to talk. I worry about her.
“What happen, Ayik?”
Again and again, she nervous. “I can’t….This place is so crowded.”
I see around. This restaurant almost empty. “Ayik, there are just 4 visitors including us. They can’t hear we talk.”
She shake her head. “No. I can’t.”
I just can take a deep breath. I’m sure it’s serious. Very serious. “Well….come quick! We haven’t sholat Dzuhur. It’s 1.15 pm now.”

In a mosque, in Gadjah Mada University area

Ayik is still praying when I finished my sholat. I go out to the terrace of the mosque. It’a almost 2 years since my last sholat in this place. Many years ago I often sholat in this mosque, a campus mosque.
“Mosque always be comfortable place for a broken heart,” Ayik said while sat beside me.
“For the happy heart too,” I added.
“It’s suitable place for a regret human to go.”
“For a human to thank to God too.”
Silent for a moment.
“I’m pregnant….”
“What??!!”

(to be continued)