ISLAMIC MARRIAGE LAW

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Szerző: Rodrigo Hamuy Aquino

ISLAMIC MARRIAGE LAW

MARITAL PROPERTY

Ways To Perform Syirkah(Art 47-52 KHI)

Reality of Marriage Life

Law provision( Art 35 Law1/1974)

Agreement

Earned Property

Personal property

Warisan

Wasiat

Hibah

DIVORCE

Mafqud

Husband leave residence without valid reason

Murtad

out of the religion of Islam

All the bad deeds of the husband or wife who defames the family

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

Fasakh

One party finds flaw or feels cheated on matters that they do not know before entering marriage

Mubara’ah

In Indonesia: no difference with Khuluk

Khuluk

Based on approval of husband and wife

Zihar

Husband’s oath that his wife is same with his mother’s back

Ila

Refusal with oath (menolak dengan sumpah)

Hakam failed to settle disputes between husband and wife

Ta’liq-Talaq

terms of agreement is violated by the husband,

Talaq

Talak Ba’in

Talak Raj’I

HUSBAND RIGHTS = WIFE OBLIGATION

To guard husband’s property

The wife should treat her husband in a good manner

wife is obliged to serve her husband

Not to leave the house unless the husband permits it

Wife's Obedience

CONSEQUENCE OF DIVORCE

PROPERTY

Half Of The Joint Marital property

CHILD MAINTENANCE

IDDAH PERIOD FOR THE WIFE

WIFE’S RIGHTS= HUSBAND OBLIGATION

Non-Material Rights

A husband must be fair to all of his wives ( Polygamy) and children

Not harming one’s wife.

A husband must protect a wife’s honor

To recieve dowry(mahar).

Caring for one's wife's sexual fulfillment

Material Rights

To provide appropriate housing ubtopic

Rights to recieve Nafqah (Maintenance)

MARRIAGE PRESERVATION

Syiqaq

dispute between husband and wives that are solved by two hakam

Fahisyah

an action which causes embarrassment to the family

Nusyuz

Wife

Husband

MUTUAL DUTIES OF HUSBAND & WIFE

To forgive each other’s small mistakes.

To provide emotional support in both happiness and sadness (Q.S 4:19

To offer each other wholesome advice concerning obedience to Allah.

To adorn themselves in a reasonable manner

To keep each other’s secrets. (Q.S 4:34)

To pass the night with one another and to bear children