Draft Law on Religious Courts Law Division Material Marriage

Men and women should begin to think again if you want to perform marriages that are not performed in the presence of registrar of marriage or marriage and marriage siri mutah or contract. Because the perpetrators of both types of marriage can be sentenced to prison.

This was revealed in a draft Bill of Material Religious Courts Law Marriage fields listed in the National Legislation Program (Prolegnas) in 2010.

The bill contains criminal provisions (Articles 143-153), particularly related to marriage siri, mutah marriage, marriage second, third, and fourth, and without the divorce before the courts, committed adultery and denied responsibility, and marry or become a guardian of marriage , when in fact no right. The threat of punishment for criminal acts that varied from 6 months to 3 years and fines ranging from USD 6 million to Rp 12 million.

The bill also set about a mixed marriage (between two people of different nationalities). Article 142 Paragraph 3 says, prospective foreign husband must pay a security deposit to the candidate's wife through Islamic banks amounted to Rp 500 million.

In regard to the input material for the bill, Center for Development of Islamic Law and Civil Society (PPHI2M) will hold a national seminar next week. Seminar committee chairman, Abdul Gani Abdullah, professor of University Islamic State, Thursday (11/2/2010) in Jakarta, explained, the bill would be a complement to Law No. 1 Year 1974 on Marriage. Act it became a separate law to meet the further regulation of marriage in Islamic law.

Article crucial

Abdul Gani admit, there are several crucial articles in the bill, especially related to the criminal provisions. The reason is, there is the view that marriage is worship. "Worship kok punished," he said.

According to him, during this marriage under the hand often entangled with the provisions of adultery in the Book of the Law of Criminal Law (Penal Code). There are provisions in the Penal Code which states, a man or woman who have sex outside marriage is adultery illegal.

"Is that siri marriage adultery? Could not because of lawful religion. The problem is why the marriage was not recorded into the official marriage registrar. That one who? There is the view that society should be active, but others argue the government should be active. This Act will synchronize the existing realities and legal aspects, "said Abdul Gani.

He explained, the Bill needs to regulate the marriage contract was considering such a marriage is not recognized in Islamic law. Act No. 1 of 1974, he said, clearly not regulate these things. Marriage Law did not even know the rules of criminal. At that time there was the idea to load the marriage penalty provisions in the implementing regulations.

"Before the legislation was signed, the President asked for input from the clergy. When the scholars said, marriage is a religious service, but why be punished, "she said. Criminal penalties were eventually replaced by a fine of Rp 7500.

Hasbi Hassan, a religious judge who was assigned to the Supreme Court, explained, the provisions of the Marriage Law of the fine that was not relevant anymore.