Book contents
- Frontmatter
- Contents
- Acknowledgments
- List of Contributors
- Glossary
- 1 INTRODUCTION: The State and Shari'a in the Perspective of Indonesian Legal Politics
- 2 LAW AND POLITICS IN POST-INDEPENDENCE INDONESIA:A Case Study of Religious and Adat Courts
- 3 THE STATE AND SHARI'A IN INDONESIA
- 4 THE STATE'S LEGAL POLICY AND THE DEVELOPMENT OF ISLAMIC LAW IN INDONESIA'S NEW ORDER
- 5 THE INDONESIAN MARRIAGE LAW OF 1974: An Institutionalization of the Shari'a for Social Changes
- 6 INDONESIA'S 1989 RELIGIOUS JUDICATURE ACT: Islamization of Indonesia or Indonesianization of Islam?
- 7 THE POLITICAL BACKDROP OF THE ENACTMENT OF THE COMPILATION OF ISLAMIC LAWS IN INDONESIA
- 8 ISLAMIZING CAPITALISM: On the Founding of Indonesia's First Islamic Bank
- 9 FATWA AND POLITICS IN INDONESIA
- 10 ZAKAT ADMINISTRATION IN POLITICS OF INDONESIAN NEW ORDER
- 11 ISLAMIC VALUES, LAW AND EXPECTATIONS IN CONTEMPORARY INDONESIA
- 12 EPILOGUE: Shari'a in Indonesia's Current Transition: An Update
- APPENDICES
- APPENDIX I The Law of the Republic of Indonesia Number 1 of the Year 1974 on Marriage
- APPENDIX II The Law of the Republic of Indonesia Number 7 of the Year 1989 on the Religious Judicature
- APPENDIX III The Presidential Instruction of the Republic of Indonesia Number 1 of the Year 1991 on the Compilation of Islamic Laws
- APPENDIX IV Government Regulation No. 28 of the Year 1977 on Waqf of Lands with the Right of Ownership
- Bibliography
- Index
APPENDIX III - The Presidential Instruction of the Republic of Indonesia Number 1 of the Year 1991 on the Compilation of Islamic Laws
from APPENDICES
Published online by Cambridge University Press: 21 October 2015
- Frontmatter
- Contents
- Acknowledgments
- List of Contributors
- Glossary
- 1 INTRODUCTION: The State and Shari'a in the Perspective of Indonesian Legal Politics
- 2 LAW AND POLITICS IN POST-INDEPENDENCE INDONESIA:A Case Study of Religious and Adat Courts
- 3 THE STATE AND SHARI'A IN INDONESIA
- 4 THE STATE'S LEGAL POLICY AND THE DEVELOPMENT OF ISLAMIC LAW IN INDONESIA'S NEW ORDER
- 5 THE INDONESIAN MARRIAGE LAW OF 1974: An Institutionalization of the Shari'a for Social Changes
- 6 INDONESIA'S 1989 RELIGIOUS JUDICATURE ACT: Islamization of Indonesia or Indonesianization of Islam?
- 7 THE POLITICAL BACKDROP OF THE ENACTMENT OF THE COMPILATION OF ISLAMIC LAWS IN INDONESIA
- 8 ISLAMIZING CAPITALISM: On the Founding of Indonesia's First Islamic Bank
- 9 FATWA AND POLITICS IN INDONESIA
- 10 ZAKAT ADMINISTRATION IN POLITICS OF INDONESIAN NEW ORDER
- 11 ISLAMIC VALUES, LAW AND EXPECTATIONS IN CONTEMPORARY INDONESIA
- 12 EPILOGUE: Shari'a in Indonesia's Current Transition: An Update
- APPENDICES
- APPENDIX I The Law of the Republic of Indonesia Number 1 of the Year 1974 on Marriage
- APPENDIX II The Law of the Republic of Indonesia Number 7 of the Year 1989 on the Religious Judicature
- APPENDIX III The Presidential Instruction of the Republic of Indonesia Number 1 of the Year 1991 on the Compilation of Islamic Laws
- APPENDIX IV Government Regulation No. 28 of the Year 1977 on Waqf of Lands with the Right of Ownership
- Bibliography
- Index
Summary
BOOK I
MARRIAGE LAW
CHAPTER I
GENERAL CONDITIONS
Article 1.
The Definitions
a. Peminangan(proposal) is an effort toward a realization of a marriage between a man and a woman.
b. Wali hakimis a person who gives the marriage appointed by the Minister of Religious Affairs or other official appointed by him, who has the right and authorized to act as a wali nikah;
c. Akad Nikahis a series ofijab(words of delivery) pronounced by the waliand kabul(words of acceptance) pronounced by the groom or his representative on the presence of two witnesses;
d. Maharis a gift from the groom to the bride in the form of goods, money or service which do not contradict to Islamic law;
e. Taklik-talakis a kind of promise read by the groom after an aqad nikah and printed in the Marriage Document. It is a kind of promise guaranteed to a certain condition that might happen in the future;
f. Properties in the marriage or syirkahare possessions which are obtained either individually or by both spouse during the marriage life and hence it is called as joint possessions no matter whose name the registration is on behalf;
g. Children care or hadhonahare activities of nursing, looking after, educating offspring until the age of adolescence or able to self sustain;
h. Perwalianis a mandate or an authority given to a certain person to exercise a legal action as a representative for the interest of and on behalf of an orphan or alive parents who are not capable to perform a legal action;
i. Khulukis a divorce from the demand of the wife side by submitting ransom or iwadlto and agreed by the husband;
j. Mut'ahis a gift from an ex-husband for a wife who has been divorced in a form of goods or money, etc.
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- Shari'a and Politics in Modern Indonesia , pp. 279 - 325Publisher: ISEAS–Yusof Ishak InstitutePrint publication year: 2003