Thursday, December 8, 2011

Marriage and the Law-Related Law


Marriage and the Law-Related Law1) Definition of Marriage

Purpose of the contract that would legalize marriage between man and woman live together and set each of them the rights and tanggungjawab.Dalam other words, a contract that would legalize marital dengansebab words containing the pronouncement of marriage, marriage and so on.
In the Koran there are verses that refer to the marriage true servant held directly or indirectly to human nature in accordance with the nature.
The following specified number of verses in the Quran Al-Karim on marriage and the purposes disyariatkannya
Allah says in Surah An-Nisa 'verse 3, means:
"And if you fear that you will not be fair (bar married) orphans, the women nikahilah (others) that you like, two, three or empat.Tetapi, if you fear that you are not able to be just, then one can accept, or those whom you miliki.Yang that will be allow you to avoid arbitrary place. "
From the verse above, could be the explanation that a man was asked by Allah to marry, if able, up to four wives in a manner fair to them as determined by syarak.Sebaliknya if worry can not do justice, then marry only one person .
He said, means:"O people! Fear your Lord who created you from one person, and of the ordained, and from them He hath dispersed develop men and women. Fear Allah that you were asking about the Ward family name. Verily, Allah, on you. "
Among the Prophet's hadith that describes the marriage are as follows - means:
"Narrated 'Abdullah bin Mas'ud said, the Prophet said to you: O group of young children! Whoever among you is able to marry should be married. Indeed, close view of marriage and keep the genitals. But anyone who can not afford, he should fast because they will hold their own desires. "
Dalan described above hadith that the Prophet ordered his followers who have the ability and capacity to marry, because marriage is a charge of shari'a and the sunna of the Prophet.Among the significant interest here is that one can stay away from negative or unseemly conduct prohibited by Allah, such as committing adultery, and so on. If someone is not able to marry he should fast is to keep the lust.
Given the teachings of Islam equipment in household well being, origin and safety of people, then Islam has held a number of legal regulation of marriage so that men will not slip into the damage and destruction that has become obligatory ain against Muslims and Islam is bound to declare himself to learn the laws God, including divorce and marriage laws refer.
Marriage shall be based upon several important factors to ensure the happiness of which are:
Marriage was founded with a sense of piety to God. Without piety, it is feared the marriage would not achieve the goal, moreover it is also a religious marriage and the Sunnah.
Marriage shall also be based on taste and Ar-Rahman Al Mawaddah. Without these two things stayed the marriage would be destroyed and only ambition.A household should also be based on joint life policy is good and pleasing to God. Those are usually called Al Mu'assarah Bi Al maaruf.Marriage is based on trust and responsibility rather than purely personal desires. A trust shall be satisfied by the best, while the responsibilities undertaken in an honest and sincere heart.
2) Wisdom of MarriageEvery creation of God has the benefit and wisdom of tersendiri.Faedah and wisdom can be seen and thought of the human mind, only Allah who mengetahuinya.Begitulah with marriage, with interest and then to the Muslim community.
Among the benefits and wisdom are: -Human being can live in pairs so that a valid marriage to organize and develop the home with promises of loyalty (marriage contract) Ghost City.That the relations of men and women will be more meaningful in the presence of God with strong ties and connections where not easily broken or disconnected.
Developing the foundations of society in a peaceful and disciplined household.
So that people breed for God enliven and enrich this vast land.
In order to produce human races and remain true also in the community and country.In order to focus on Mahabbah feelings, love, responsibility of a husband to a wife, a father to his son, a grandfather to grandson and so on from one community to the nation.
Marriage opened the door and the pleasures of life sustenance.Protect religious marriage, decency, dignity and health.
Fulfillment of human nature to get the satisfaction of desire and lust and desire away from the temptations of vice and disorder kezalinan highly forbidden by religion.
In short, marriage is the rule of Allah was revealed to the good of all human society to achieve the happiness of the people with good and proper. If the household is chaos and not strong, then the people were too weak and miserable end.
3) Marriage Laws
The original law a marriage is permissible only, but in the meantime is likely to be transformed into a mandatory, voluntary, illegal and disapproved where appropriate in the circumstances a person will go through marriage.The derivation is as follows: -
Marriage is compulsory.Persons who are required to marry is the person who is willing to marry, when he feared for himself would do adultery.
Marriage is recommended
People are encouraged to marry is the person who has a willingness to get married and willing to protect themselves from the possibility of illegal acts.Illegal marriages
People are forbidden to marry is the person who has a willingness to get married but if he married would presumably cause harm to the other like a crazy person, who would have killed or have properties that can hurt the other and so on.
Marriage is not encouraged to
People are not encouraged to judge the people who are not married have a willingness to marry (allowed to perform marriages) but it could not be reached perkahwinan.Oleh purpose was organized but it does not do weddings.
Such descriptions of marriage laws that can guide and also a good lesson to anyone who wants to get married.Pillars of MarriageThe candidate's wife. (Female)A husband. (Male)Wali.Two witnesses.Qabul Akad.
The candidate's wife Conditions
Non-mahram with a potential husband.Be a man and wife were of course, is not a valid marriage if the father said: "I nikahkan you with one of my daughters." In short, must be determined which of his sons.
Is not, nor man's wife was still in the waiting period.Is it really a woman - not a hermaphrodite.Volunteer to not be forced unless the wife is still her father or grandfather (father of the father) may be forced to marry.
Husband Caalon Conditions
Non-mahram with future wife.By his own choice, not valid marriage under duress.
Certain men, not legal marriage if wali said the two men: "I nikahkan my daughter Amina to one of you two."Prospective husband must know to be invalid wife to marry him.
Prospective husband is not currently in inspiration.Prospective husband is not in a state of four wives.Wali Conditions
Islam, a Muslim who does not void a saint or saksi.Firman God:
Which means: O you who believe do not take the Jews and the Christians to be saints.(Surah Al-Maidah: 51)

PubertySanityIndependentMen, women can not be wali.Sabda Prophet Muhammad:
Meaning: There should be women mengkahwinkan mengkahwinkan women and girls themselves, and we said: mengkahwinkan women themselves are adulterers.
(Narrated by Al-Dar Al-Qatni)
Fair - not pasiq, Prophet Muhammad SAW:Meaning: No valid marriage unless the guardian of justice.
Not on the pilgrimage, as the Prophet Muhammad SAW:Meaning: People who are on the pilgrimage can not be married and can not be mengkahwinkan others.(Reported by Muslim)
Not impaired intellect or mind, whether because too old or more.No of persons arrested spend their power from stupid or too extravagant.
4) Terms qabul
a.Syarat consent conditions:Should the word marriage or tazwij clear and precise.
Pronouncement of such agreement does not contain words that show limited waktnya marriage.
From saints sepertii, said: "I nikahkan you with my child Fatimah dowry of five hundred dollars cash / delay", or that of the representative of the wali as he said: I nikahkan dikau with Fatima bint Yusuf who has represented his father to my guardian dowry Shebaniah five hundred dollars tanai / delay ".
Not with the pronouncement of the words of saints ta'liq: "I nikahkan dikau with my child if the child Fatima is divorced and finished my iddah".
b.Syarat gabul conditions:
Not long ago or not alternated with other words in between qabul.Means between qabul not punctuated by a either the words other than qabul or long silence, not silence to breathe.
Received by a husband, as he says: "I accept nikahnya with the dowry of the cash / delay". Or his representative, as he says: "I accept nikahnya to Osman, (if the candidate's husband, Osman) with that of the dowry."
Gabul pronouncement is not berta'liq.
Gabul pronouncement does not contain words that indicate the limited time of marriage.
Should be mentioned, or rename it, in the words of a husband: "I accept this marriage or nikahnya Fatimah".
Gabul pronouncement by pronouncement of consent is appropriate.Should the pronouncement gabul clear pronouncement is not sarcasm.
5) Conditions for WitnessesThe second witness to be Muslim marriage.ManSanityPubertyIndependentFair (not a transgressor).See, is not valid for a witness who is blind.Listening, not valid for a witness who are deaf.Strong memory, I mean remember what heard and seen.
Understand the language used in qabul.Not specific to carers such as father or brother of a single (no other male relatives), means: no valid marriage if the father or a brother single delegate to others to mengakadkan marriage when they become witnesses in the marriage.
6) Order WaliFatherPaternal grandfather to the topBrothers from the same parentsHalf brother
Nephew to the bottom of the same parents.Nephew to the bottom halfUncle to the same parents.Uncle to the top half.Son of same parents uncle (cousin) to the bottom.Son of father's uncle (cousin) to the bottom.Then the judge (the Sultan), including those who are appointed by the Sultan as Kadhi Kadhi or vice.In the order of the guardian, the guardian of the most convenient to the woman named one of the farthest known aqrabdan saint with saints ab'adh.

To be the guardian must first marriage more aqrab then if there is no more aqrab a new momentum after and so on.
7) Wali Hakim
Judges have the power to become the guardian of a marriage in a particular time as follows:While there is no guardian mentioned, as Prophet Muhammad Salallahu Aalihi Wassallam:Meaning:Sultan made guardian for those who have no guardian.Wali wali Mujbir enggann even marry (the father or grandfather) if the refusal is less than three times, but if the refusal is more than three times greater then the saints away from him the right to be guardian, as the order of saints.

For example, carers who refused to marry, namely: female puberty, no sense to apply to parents to marry a man the equivalent of the father or grandfather when carers want the equivalent of another person as well. This form shall not be considered guardian refuses or is in default, because the saint is more mature than she is in terms of attention and look to the interest or happiness of the woman.Wali was in a far off place that requires a trip just pray Qasr, about sixty miles, nor have the same status with the guardian saint far from where she who is married is.Wali was in the garb, and no other guardian is not in the same status on the pilgrimage.
Wali's own perfectly married, as the child's uncle, who was supposed he was a saint, but because he wanted her to be his wife and there is no other yarn guardian with the same status as the hakimlah to be saints.
Judge made guardian to marry women who have reached puberty, but crazy, if need be married and no mujbar wali (father or grandfather).
Wali in custody and can not be contacted at all.Wali hiding.
Unseen and unknown saints alive or dead or where he lived.
8) wali Mujbir
Previously mentioned arrangements guardian, custodian is in order there are two classes, namely:
Wali Mujbir: the father and grandfather (father's father) if the father was not there, these two women who are still entitled mengkahwinkan girls (virgins) without seeking the consent of the girls first affected by these conditions will be described later.However, both seek the consent of the girl circumcised first, saying of the Prophet.
Meaning: Widow closer to him and he married a virgin by her father.
Not Mujbir namely: guardian of marriage for non-virgin or virgin marriage but not the parent or guardian datuk.Dalam ng conditions such guardian can not be mengkhwinkan without asking permission first, because the Prophet Muhammad SAW.
Meaning: Do not marry the widow so you ask their permission first.(Narrated by At-Tarmidzi)
Because a widow already know the purpose or purposes of why marriage can not be forced to not have consent.
9) Legal Requirements of the Father or the Son of the Virgin Commissioner Mengkahwinkan without his consentThere is no animosity between the candidate's wife with his guardian.There is no animosity between the candidates with the prospective husband and wife.
Kufu 'or equivalent between the prospective husband with a wife.Prospective husbands are willing to pay dowry in cash.All four of these conditions is a requirement for a valid marriage.
In addition to these requirements with the added conditions as follows:Should be comparable dowry (mahr missiles).Marriage shall be the currency used in the state.
Future husband, was not a difficult person to be a wife to live with it as the blind or too old.
If these three conditions are not obtained and the marriage is done well, then the marriage is valid, but the saints are sinners, in short, performed illegal marriages.
The Sacred married womenMarried woman who illegally divided into two parts:
Illegal forever.Illegal for a while.1) Sacred Causes marriedFor the children of illegalIllegal because of milkIllegal by reason of affinity (musoharah).
2) Mosque By reason SonsMother and mother-to-mother (grandmother) to above.Children, grandchildren and so on down.
Half-sister or half blood only.For the father's sister (aunt) to the top.
Mother's sister (aunt) to the top.Nephew of the brothers to the bottom.
Nephew of the sisters to the bottom.As evidence for the ban is the Word of God:Meaning: Forbidden to you to marry your mother, nephew, paternal aunt, maternal aunt, nephew of her brother, and nephew of your sisters.(Surah An-Nisa: verse 23)
Note:Daughter who was born as a result of adultery, is not illegal for parents zinanya daughter born from adultery is considered a foreign person (ajanabiah) for him, this is because semen adultery is not respected, however, disapproved of adultery to marry the father of the child zinanya, based on differences of opinion between utalam Abu Hanifah (Hanafi) who argues:
It is unlawful for adultery father married the daughter of the results from zinanya and children is considered an muhrimnya zinanya, similar to normal children.
Although it is not lawful marriage, but are not entitled to inheritance from the father's zinanya.
For mothers who commit adultery and all muhrimnya is illegal to marry children zinanya, as well as natural child is entitled to inherit from his mother.
3) Illegal In For BreastfeedingNursing mothers.Sepersusuan sister.Word of God:Which means: And forbidden mothers who breast-fed you and your brothers sepersusuan.
Women who illegally because milk is the same as those for the children of illegal, for the Prophet SAW:Means: Illegal from milk as a descendant illegal.(Narrated by Al-Bukhari and Muslim)
Laundering Conditions for milk with reasonNursing mothers has reached puberty.Children who were then aged two years, as saying of Prophet Muhammad:Meaning: It is not milk, except in the age of two years.(Narrated by Al-Dar Qatni)
Number of weaning to five separate times and each time the nurse must reach full, as stated in the hadith narrated by Muslim from Aisha:
Meaning: It is the revelation of the verse from the Koran is ten times the milk and then note the ban was removed with five times the milk alone.(Al-Hadith)
Milk given to children must be swallowed and reach the stomach of the child at all five time, as saying of Prophet Muhammad:
Which means: No unlawful to marry from the milk is milk that has come to save the child's stomach and the breast feeding will be a boy who was not yet two years old.(History: At-Tarmidzi)
If you do not meet these conditions then it is not illegal marriage between a breastfeeding mother with children who were and so on.4) Illegal By Reason affinity (Berambil-drawings)My mother in law, whether from birth or breastfeeding.Stepmother, grandfather's step up to the top.
Daughter-in-law (wife of son), wife and grandchildren to the bottom.Step-child with his mother's condition had been consummated, if not consummated and then divorced, then it is not illegal either mengkahwinkan stepchild of the stepchild or penyusuan.Pengharaman is a descendant of the four people on the word of God:
Meaning: The principal banned your wives, and sisters in the care of if you associate with your mother, so if the mother had not let them associate with your stepchild mengkahwini with mengkahwini illegal nor your children the true wife.(Surah An-Nisa: verse 23
And the word of God:Meaning: Do not marry the women who were married to your father (the stepmother).(Surah An-Nisa: verse 22)
5) Female-Female Sacred married for a while mixing it with reasonSisters for isteri.Sebagaimana word of God:Meaning: You Da illegal brothers together two women except what is past.Paternal nephew's wife.Maternal nephew's wife.Nephew of the wife of his brother.Nephew of the wife's sister.Rasulullah saw:
Meaning: Not married a woman who has been assembled by the paternal aunt and not the paternal aunt's daughter and his brother can not marry a woman is assembled with the maternal aunt as well as between maternal aunt's daughter from his sister, not great with small and small to large.(Narrated by At-Tarmidzi)
Maskawin1) Definition Maskawin (Al-Dowry)Dowries are: grant that must be given by the husband to his wife by reason perkahwinan.Sebagaimana word of God:Meaning: Give the women their dowries that saw:Rasulullah saw:Means: Look for dowries even made a ring made of iron.(Narrated by Al-Bukhari, Muslim)
From the hadith it is obvious that dowries can be of anything, as long as something useful and beneficial, whether in money, goods or something beneficial, as the Prophet had mengkahwinkan a man who does not have have anything to make dowries, and the Prophet asked to man
"Are you a little of the verses," the man responded that he is considering a number of letters, then the Prophet was the man with bermaskahwinkan mengkahwinkan taught letter to the woman who would become the wife of the man.Dowries are not limited by Islamic law to determine more or sedikit.Jadi many dowries or at least it is incumbent upon the consent of both parties, bridal and usually follow the status or rank of the bride, however, the legislation does not encourage dowries are too high which causes difficulty for the man , as saying of Prophet Muhammad:Meaning: The best of the lower dowries.Hadith shows that circumcised maskahwinkan lower the value, so that no burden to the man to find, though, does not mean to get down low status of women.
2) The DowryDowry ChavezWas assessed by dowries dowry sisters who were married earlier and should be evaluated with the closest family dowries at all, as sister, aunt and so on in addition to assess her own situation in terms of beauty, wealth, education, etc. .
Dowry Musamma
Dowries are set and agreed by both parties, with no regard to the dowries of the female relatives.
3) LAW IN TIME Akad mention dowries

1. Circumcision

Circumcision, because the Prophet himself never to leave the call at the time the contract when the married people.With a call in the contract, to avoid conflict in relation thereto, are also able to differentiate between normal marriage with the marriage of a woman who spread himself to the Prophet without dowry.
If the dowry is not mentioned in the contract does not mean the marriage contract is invalid, but makruh if not mentioned.

2. Compulsory

Necessary called dowry at the time of contract in the following circumstances:1. 1. If the prospective wife is still a small boy, crazy, or stupid, while the prospective husband to pay a higher portion of a proper dowry (mahr missiles).2. 2. If future wife who had reached puberty, smart and can handle myself and allow carers to mengkahwinkannya, but it does not deliver to the guardian to set maskahwinnya.3. 3. If the prospective husband is someone you can not manage himself, as he was a child, crazy or stupid, and before the contract has received approval from the future wife of less than dowries dowry payments should, therefore, compulsory dowries out as agreed.The purpose here is not meant compulsory marriage void, but the act is considered sinful and dowries paid in proportion to the shoes (dot Chavez).
4) COMPULSORY dowries

Dowries must be paid in as mentioned in the contract, if specified in the contract, dowries must also be paid to the following conditions:1. When my husband set it will pay before dukhul (setubuh) and agreed to by the wife. Therefore, the right to prevent her husband from wife to husband mensetubuhinya determines the rate of dowries to be handed, either in cash or debt. If the promised cash, then the wife's right to prevent her husband from mensetubuhinya up the dowries paid.2. When the determination is made by the Qaadi dowries by reason of default of the husband or the senan resolve disputes or disagreements on both sides of the rate of dowries and when Qaadi determine the dowries to be paid cash (no debt).3. When husband and wife intercourse must be paid dowries by the rate commensurate with the status of the wife.
5) Drop HALF dowries

When a divorce occurs before intercourse, then delete half of dowries, the word of God:

Which means: And if ye divorce women before mensetubuhinya, when you have determined maskahwinnya, then for her half of what you specify that.

This occurs if the divorce was due to the husband as the husband becomes an apostate, or a husband embraced Islam while his wife is not and so on, but if divorce comes from the wife, like husband menfasakhkan marriage because of deformities in the wife, the dowries that everything will fall.

If a husband dies before the intercourse, the warithnya must pay the full dowries to widows and if dowries had not determined the rate, the dowry must be paid by the missile.
Conversely, if a wife dies before the intercourse, the husband must pay in full to the Wraith jandanya dowries, where dowries have not explained before, Prophet Muhammad SAW :

Meaning: From Al-Qamah reported: A woman married to a man after man dies before reaching mensetubuhi maskahwinnya wife and I do not even determined the rate, said Al-Qamah: they complain the matter to Abdullah Abdullah opinion, she is entitled to inheritance and compulsory, it beriddah, but this time Ma'kil bin Al-Shakbi SANAN explained that indeed the Prophet SAW has decided to Buruq bte Wasiq as made by Abdullah earlier.(Narrated by Al-Kamsah and Sahih At-Tirmidhi)


Meaning: A gift from husband to wife when he divorced her.This grant must be awarded if the divorce took place with the will of the husband, not the wishes of his wife.

The amount of this grant is based on the agreement or the pleasure of both parties, in addition to considering the state of both, rich or poor, and so on no less than half of the dowry. Word of God:

Meaning: Explain the prints themselves to the grant and release them in a good way.(Al-Ahzab verse 49)
Chapter Relief:
1) LAW hold

Law held a wedding feast was recommended muakad (which is highly demanded) for the Prophet SAW :

Meaning: Says He S.A.W. to Abdul Rahman bin Auf, when she was married, should you give a wedding feast, even sacrifice a goat.(Narrated by Bukhari and Muslim)


Accepting the invitation to the event is mandatory for each person invited unless there is an excuse not to attend, such as pain and so on. Rasulullah saw:

Meaning: When you are invited to attend a wedding feast that you should attend.(Narrated by Bukhari and Muslim)
1. Was not specifically invited to the rich people only.2. The invite is a Muslim.3. Also invited the Muslims.4. A feast is not using money or property illegally.5. Who were invited did not receive at one time, it shall receive the invitation in the family closer and closer viewed in terms of its place.6. Not found the wrong things at the event as having alcohol and so on.

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