Analysis Of Marriage Istbats By Wives In Polygamy Sirri (Study Of Syar'iah's Secretary Of The Secretary: 206/Pdt.G/2013/MS.SGI)

by ADMIN 128 views

Analysis of Marriage Istbat by Wife who is Polygamy in a Sirri: A Study of Syar'iah's Secretary of the Secretary

Introduction

Marriage in Indonesia, both in the context of law and religion, has various forms, with monogamy and polygamy being the most recognized. Based on the Marriage Law and Compilation of Islamic Law (KHI), marriage is required to be regulated and protected by the state in order to create order in society. This means that every citizen must comply with the regulation, including in the practice of polygamy. Nevertheless, many polygamy marriages occur without permission from the court, so they are not registered with KUA (Office of Religious Affairs) or Civil Registry. This uncertainty raises various problems in the future, especially in terms of recognition of marital status.

The Importance of Marriage Istbat in Polygamy

Article 7 KHI underlines that a marriage can only be proven by a valid marriage certificate. However, in the case where the marriage certificate does not exist, the istib (confirmation) process can be submitted to the Religious Court. In this context, this study aims to explain some legal issues that arise from the marriage istiban proposed by a wife whose husband is married in a sirri (marriage without legal permission) and analyze the decision of the Syar'iah Court Number: 206/Pdt.G/2013/2013/ Ms.Sgi.

Marriage Istah Arrangement by Wife in the Sirri Polygamy Case

According to KHI, the marriage isbid can only be submitted in certain situations, such as during the divorce process, loss of marriage certificate, or the existence of doubts about the validity of marriage conditions. This means that Sirri's marriage that is not officially recorded does not have a clear legal arrangement in KHI. In Decision No. 206/Pdt.G/2013/MS.SGI, the Judge explained its legal considerations based on several legal basis, including Article 14 KHI and Marriage Law No. 1 of 1974, which emphasized the importance of fulfilling legal requirements for polygamy.

Legal Considerations for Judges and Legal Consequences

The judge's decision in this case rejected the request of the marriage istic submitted by the wife of the husband who was married Sirri. The basis of its rejection includes the incomplete legal requirements in accordance with the KHI and the Marriage Law. The legal consequences of the decision are very important to understand, especially related to the marital status, rights and obligations of husband and wife, children's status, and management of assets in marriage.

SIRRI Polygamy Marriage Status

Without a valid marriage certificate, the marital status becomes unclear, which can trigger conflict in the future. This can lead to disputes over property, inheritance, and other rights and obligations. The absence of official recognition can also affect the wife's rights and obligations, including her rights to maintenance, education, and healthcare.

The Rights and Obligations of Husband and Wife

The absence of official recognition will affect the rights that should be owned by wives and children in terms of living and other responsibilities. The husband's rights and obligations, including his duty to provide maintenance and education, may also be affected. The wife's rights to inheritance and property may also be compromised.

Child Status

Children born from Sirri's marriage may face legal issues related to the status and inheritance rights. The absence of official recognition can lead to disputes over the child's nationality, citizenship, and inheritance rights. The child's rights to education, healthcare, and other benefits may also be affected.

Recommendations and Conclusions

To prevent broader legal problems, it is recommended that every individual who wants to carry out polygamy submit permission to the Religious Court. Judges are expected to consider the benefit in their decisions. In addition, the government must also actively disseminate socialization about the importance of permits in polygamy marriages so that people understand the legal consequences of Sirri's marriage.

By understanding existing regulations and appropriate steps to implement it, it is hoped that legal issues related to polygamy marriages can be minimized. In closing, it is important for Muslims to realize that marriage Sirri is not only at risk for their marriage status, but also has an impact on the rights and obligations that will be faced in the future.

Conclusion

In conclusion, the analysis of marriage istbat by wife who is polygamy in a sirri has highlighted the importance of understanding the legal requirements for polygamy marriages. The absence of official recognition can lead to various legal problems, including disputes over marital status, rights and obligations of husband and wife, children's status, and management of assets in marriage. It is recommended that every individual who wants to carry out polygamy submit permission to the Religious Court and that the government actively disseminate socialization about the importance of permits in polygamy marriages.

Recommendations for Future Research

Future research should focus on the following areas:

  1. The impact of Sirri's marriage on the rights and obligations of husband and wife: This study should explore the impact of Sirri's marriage on the rights and obligations of husband and wife, including their rights to maintenance, education, and healthcare.
  2. The status of children born from Sirri's marriage: This study should explore the status of children born from Sirri's marriage, including their rights to education, healthcare, and other benefits.
  3. The role of the Religious Court in resolving disputes related to polygamy marriages: This study should explore the role of the Religious Court in resolving disputes related to polygamy marriages, including the procedures and criteria for resolving disputes.

By understanding the legal requirements for polygamy marriages and the impact of Sirri's marriage on the rights and obligations of husband and wife, children's status, and management of assets in marriage, it is hoped that legal issues related to polygamy marriages can be minimized.
Frequently Asked Questions (FAQs) about Marriage Istbat by Wife who is Polygamy in a Sirri

Q: What is a sirri marriage?

A: A sirri marriage is a marriage that is not officially recorded with the Office of Religious Affairs (KUA) or Civil Registry. This type of marriage is not recognized by the state and does not have a valid marriage certificate.

Q: What is the purpose of marriage istbat?

A: The purpose of marriage istbat is to confirm the validity of a marriage that does not have a valid marriage certificate. This process can be submitted to the Religious Court in certain situations, such as during the divorce process, loss of marriage certificate, or the existence of doubts about the validity of marriage conditions.

Q: What are the legal requirements for polygamy marriages?

A: According to the Compilation of Islamic Law (KHI), the legal requirements for polygamy marriages include:

  • The husband must obtain permission from the Religious Court before marrying a second wife.
  • The husband must provide proof of his ability to support multiple wives.
  • The husband must provide proof of his ability to provide for the children of his previous marriage.

Q: What are the consequences of not obtaining permission for a polygamy marriage?

A: The consequences of not obtaining permission for a polygamy marriage include:

  • The marriage is not recognized by the state and does not have a valid marriage certificate.
  • The wife may not have the same rights and obligations as a wife in a monogamous marriage.
  • The children of the marriage may not have the same rights and obligations as children in a monogamous marriage.

Q: Can a wife who is married in a sirri marriage still submit a marriage istbat?

A: Yes, a wife who is married in a sirri marriage can still submit a marriage istbat to the Religious Court. However, the court may reject the request if the husband has not obtained permission for the polygamy marriage.

Q: What are the benefits of obtaining permission for a polygamy marriage?

A: The benefits of obtaining permission for a polygamy marriage include:

  • The marriage is recognized by the state and has a valid marriage certificate.
  • The wife has the same rights and obligations as a wife in a monogamous marriage.
  • The children of the marriage have the same rights and obligations as children in a monogamous marriage.

Q: How can a couple obtain permission for a polygamy marriage?

A: A couple can obtain permission for a polygamy marriage by submitting an application to the Religious Court. The application must include proof of the husband's ability to support multiple wives and proof of his ability to provide for the children of his previous marriage.

Q: What are the responsibilities of the Religious Court in resolving disputes related to polygamy marriages?

A: The Religious Court has the responsibility to resolve disputes related to polygamy marriages, including disputes over the validity of the marriage, the rights and obligations of the husband and wife, and the status of the children. The court must consider the legal requirements for polygamy marriages and the impact of the marriage on the rights and obligations of the husband and wife and the children.

Q: How can a couple resolve disputes related to a polygamy marriage?

A: A couple can resolve disputes related to a polygamy marriage by submitting a request to the Religious Court. The court will consider the legal requirements for polygamy marriages and the impact of the marriage on the rights and obligations of the husband and wife and the children. The court may also consider mediation or other forms of alternative dispute resolution.

Q: What are the consequences of not resolving disputes related to a polygamy marriage?

A: The consequences of not resolving disputes related to a polygamy marriage include:

  • The marriage may not be recognized by the state and may not have a valid marriage certificate.
  • The wife may not have the same rights and obligations as a wife in a monogamous marriage.
  • The children of the marriage may not have the same rights and obligations as children in a monogamous marriage.

Q: How can a couple prevent disputes related to a polygamy marriage?

A: A couple can prevent disputes related to a polygamy marriage by:

  • Obtaining permission for the polygamy marriage from the Religious Court.
  • Providing proof of the husband's ability to support multiple wives and proof of his ability to provide for the children of his previous marriage.
  • Resolving disputes related to the marriage through mediation or other forms of alternative dispute resolution.

By understanding the legal requirements for polygamy marriages and the impact of the marriage on the rights and obligations of the husband and wife and the children, couples can prevent disputes and ensure that their marriage is recognized by the state.