a Amira Arkadia 8 éve
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ISLAMIC MARRIAGE LAW
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)
Rights to receive each other’s inheritance Q.S 4:12
To pass the night with one another and to bear children
