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