Fiqh LAW ON MARRIAGE
For someone who wants to divorce must be some reason, that he and his partner will not be able to live together again as husband and wife.
Someone who feels that Muslim marriage untenable and decided to divorce, then in accordance with the laws of the religious court, a step that can be taken to court for divorce is religious. According to Drs. Usman Sharif, "citing the provisions of the Marriage Act 1974 and the 1989 Religious Judicature Act, that divorce can only be made before the trial court after the court concerned and do not stop trying to reconcile the two sides".Regulations have been made is a reflection of the aspirations of the people of Indonesia, but when confronted with the reality that occurs regulations are sometimes not able to face the concrete cases as well as how the view of the status of marriage in Islam are not registered and so does divorce. Under the direction of Mr. Bakhtiar Abna, SH, SU as course lecturers Lectures & Family Law Marital Assets namalah this paper it is given the name: "A review of Against Marital Status In Islam What Not Registered and divorce Status The Not In front of the trial court."B. THEOLOGICAL QUESTIONSFormulation of the problem are:1. How to Review Against marital status are not registered?2. How did the status of the divorce were not before the trial court?C. OBJECTIVES AND BENEFITSBased on the above formulation of the problem, the goals to be achieved is to know How to Review Against marital status are not registered and the status of the divorce were not before the trial courtThe benefits expected from the author writing this paper is to add insight and theoretical knowledge on matters relating to marital status are not registered and the status of the divorce were not before the trial court as well as the expected occurrence and development penggayaan jurisprudence of writing this paper.D. METHOD OF WRITING1. Types of WritingWriting practice are normative legal research, the study of law degree horizontal sync.2. Data Types and Data Collection MethodsThe type of data in this study are secondary data, the data obtained from the study of literature. Source data obtained from:a. Primary legal materials, ie materials that is legally binding:- Norma or a basic rule, the Preamble to the Constitution of 1945- Basic rules, torso 1945- Act No. 7 of 1989 on the Religious- Law No. 1 of 1974 on Marriageb. Secondary legal materials, which provide an explanation of primary legal materials, such as draft legislation, the work of the law, the print media and the internet that contains news about the issues being discussed.c. Tertiary legal material or material support law, including:- Ingredients that give instructions and an explanation of the legal materials of primary and secondary legal materials. Examples of legal dictionaries, encyclopedias.- Ingredients of primary, secondary and tertiary (supporting) outside the field of law, such as those derived from the fields of sociology, philosophy, used to supplement or support the data or writing materials.3. Data AnalysisIn normative research, data processing activities to conduct systematize nature of the written materials. Systematization means making classification of materials written law to conduct job analysis and construction.The activities in the data analysis are:a. Classifying and making systematics of the data collected in accordance with the formulation of the problemb. Selecting chapters from UU.Perkawinan and regulations pelaksanaanna and Law. Religious Courts are prepared to analyze the data that have been grouped and systematics, as defined by the problem.c. Then the data were analyzed by the method of inductive law.E. ANALYSISThe debate about the law eksisensi religion (Islam) in a country like Indonesia that is not ° Based Islam, is very tough and lengthy polemic inviting. In the case of unregistered marriage or marriage that is not registered to a state official, virtually the majority of scholars say it is perfectly legitimate and illegitimate religion throughout contract qualified and established pillars of Islam. In the literature of Islamic law, there was certainly no one from among the jurists pendapatpun requiring marriage records to the state.The question that arises then, siri marriage is marriage practice that is not recorded officially to the country. Meanwhile, positive laws applicable in the state of Indonesia as stipulated in the marriage laws in 1974 requiring every marriage must be performed in religious affairs offices (KUA) employees and registered to Registrar of Marriage (VAT) . And others in the field can also be seen, ie when there is divorce, which according to the law of classical fiqh, divorce imposed by a husband to his wife judged valid and binding, though not through the Religious Courts. Valid in the sense that the status of the couple was not married yet, so the couple's religion prohibits sexual intercourse or other contiguity. However, the rules state it differently. Separations should be imposed via the Religious Courts. Legal consequences, divorce is not formally dropped out of the Religious, illegal status in the sense that the couple is still considered married.REVIEW OF THE STATUS OF MARRIAGE IS NOT REGISTEREDTug between two different law or legal dualism in the issue of marriage has made its own problems in Indonesia's national laws. Siri marriage or divorce without the Religious considered legitimate religion, but according to the law of it is considered invalid.The duality of the rule of law in Indonesia conflicting marriage or divorce is problematic, according to Prof. Dr. KH. Yaqub Ali Musthofa causes dualism is because in Indonesia there are two groups of 'schools' that supports fully or follow the teachings of Islam and the total support or follow positive law. Synchronization to occur then dipakailah both, because for a country like Indonesia, which by law where the law is based on the consent of the people, would have been as good citizens we must follow.Article 2 of the Marriage Act states in subsection (1) that the marriage is valid if conducted according to the laws of each religion or belief and (2) it reads: every marriage recorded in accordance with the legislation in force. That means we should see the whole of the contents of the article, the unity-alloy article should definitely be implemented in order to obtain legal certainty. When a marriage is only implemented up to the limit of Article 2 paragraph (1) only, the legal consequences when there is a dispute between husband and wife, the couple is not able to take refuge in concrete to the State in this case asked for the decision to the Court. This occurs because the marriage in question was not officially recorded in the state administration, when it was not registered officially by the state then the consequences of any law that occurred during the marriage for the country has never been considered.Solutions for husbands and wives who have married with no known officially by the state is to ask ithbat (provision) of the official state agency has the authority to designate the religious court.STATUS HEARING BEFORE THE DIVORCE IS NOT THE COURTMarriage aim to form a happy family and eternal. For that husband and wife should help each other and complement, so that each can develop his personality to help and achieve spiritual and material welfare. But sometimes what has been announced is not in line with expectations. Amid the shock traveling in a household that can not be avoided by the erceraian ends. Something unexpected can happen at any time, whether the marriage officially registered by the state or just based on religion or belief only.Divorce happens if perkawinanya were never formalized by the state will not take legal effect which greatly complicates the culprit. Because of the beginning of their marriage is considered never happened by the state. Instead divorces were not before the court while the state legal marriage will not take legal effect, they are still regarded as a legitimate partner even if they are legitimate religiously divorced when the condition is met.F. CLOSINGa. ConclusionBased on the review above we can conclude that:1. Marriages were not recorded formally by the state then the consequences of any law that occurred during the marriage for the country has never been considered.2. Divorce happens that is not before the court while the state legal marriage will not take legal effect, they are still regarded as a legitimate partner even if they are legitimate religiously divorced when the condition is met.b. SuggestionAdditional terms imposed by the government on the issue of marriage is a matter of record and requires a legal divorce is a necessity for Protect the social order and prevent kemudharatan so expect the next government in this case the Ministry of Religious Affairs to socialize more importance is put on record and legality of marriage from divorce.Hopefully useful.REFERENCEShttp://www.legalitas.orgBambang Sunggono, Legal Research Methodology (Jakarta, 2001)Drs. C. S. T. Kansil, SH. Introduction to the Law of Indonesia. (Jakarta, 1986)Soerjono Soekanto, Introduction to Legal Research (Jakarta, 1986)Marriage Act, Act. 1 in 1974, published by PT. Various Semarang ScienceGraceful Muslim Bride Magazine, vol.2 # 20 January 20 007.Marriage Act, Company Act. 1 in 1974, published by PT. Assorted Science Semarang, hlm.26Drs. Sharif Othman, Head of East Jakarta Religious Court, in a magazine interview Anggun Suite Muslim, vol.2 # 20 January 20 007. hlm.60This study also called doctrinal legal research or normative research or study in the law book, see Sutomo, Thesis UNAND In 2002, more information see Bambang Sunggono, Legal Research Methodology (Jakarta, 2001), hlm.97It is a form of normative legal research to determine the extent of the positive law to written or appropriate sync with each other.See, Soerjono Soekanto, Introduction to Legal Research (New York, 1986). hlm.52Bambang Sunggono, ibid, hlm.195-196, in Sutomo, Ibid,Moh. Ansari, foyer Science: Legal Marriage, between religion and the State, Anggun Muslim Bride Magazine, vol.2 # 20 January 20 007. hlm.108IbidHadith expert and Member Central MUI Fatwa Commission, contained in ibid.