作者：Amira Arkadia 8 年以前
719
ISLAMIC MARRIAGE LAW
The principles of Islamic marriage law delineate specific rights and obligations for both husbands and wives, aiming to preserve the sanctity and harmony of the marital relationship.
開啟
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
