ISLAMIC MARRIAGE LAW
MUTUAL DUTIES OF HUSBAND & WIFE
To pass the night with one another and to bear children
Rights to receive each other’s inheritance Q.S 4:12
To keep each other’s secrets. (Q.S 4:34)
To adorn themselves in a reasonable manner
To offer each other wholesome advice concerning obedience to Allah.
To provide emotional support in both happiness and sadness (Q.S 4:19
To forgive each other’s small mistakes.
MARRIAGE PRESERVATION
Nusyuz
Husband
Wife
Fahisyah
an action which causes embarrassment to the family
Syiqaq
dispute between husband and wives that are solved by two hakam
WIFE’S RIGHTS= HUSBAND OBLIGATION
Material Rights
Rights to recieve Nafqah (Maintenance)
To provide appropriate housing ubtopic
Non-Material Rights
Caring for one's wife's sexual fulfillment
To recieve dowry(mahar).
A husband must protect a wife’s honor
Not harming one’s wife.
A husband must be fair to all of his wives ( Polygamy) and children
CONSEQUENCE OF DIVORCE
IDDAH PERIOD FOR THE WIFE
CHILD MAINTENANCE
PROPERTY
Half Of The Joint Marital property
HUSBAND RIGHTS = WIFE OBLIGATION
Wife's Obedience
Not to leave the house unless the husband permits it
wife is obliged to serve her husband
The wife should treat her husband in a good manner
To guard husband’s property
To guard husband’s property
DIVORCE
Talaq
Talak Raj’I
Talak Ba’in
Ta’liq-Talaq
terms of agreement is violated by the husband,
Syiqaq
Hakam failed to settle disputes between husband and wife
Ila
Refusal with oath (menolak dengan sumpah)
Zihar
Husband’s oath that his wife is same with his mother’s back
Khuluk
Based on approval of husband and wife
Mubara’ah
In Indonesia: no difference with Khuluk
Fasakh
One party finds flaw or feels cheated on matters that they do not know before entering marriage
Li’an
Husband or wife oath in which there is a willingness to accept the curse from God (laknat Allah) if one of them who pronounce the oath is lying
Fahisyah
All the bad deeds of the husband or wife who defames the family
Murtad
out of the religion of Islam
Mafqud
Husband leave residence without valid reason
MARITAL PROPERTY
Personal property
Hibah
Wasiat
Warisan
Earned Property
Ways To Perform Syirkah(Art 47-52 KHI)
Agreement
Law provision( Art 35 Law1/1974)
Reality of Marriage Life