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 I - The Law of the Republic of Indonesia Number 1 of the Year 1974 on Marriage
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
BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Considering:
Whereas in accordance with the philosophy of Pancasila and the aspirations to promote national law, it is deemed essential that there shall be a Law concerning Marriage to be in force for all Indonesian nationals.
Pursuant to:
1 Article 5 paragraph (1), Article 20 paragraph (1), Article 27 paragraph (1) and Article 29 of the 1945 Constitution; 2. Decision of the People's Consultative Assembly Number
IV/MPR/1973.
With the concurrence of the House of People's Representatives.
HAS RESOLVED
To sanction: LAW ON MARRIAGE
CHAPTER I
FOUNDATIONS OF MARRIAGE
Article 1.
Marriage is a relationship of body and soul between a man and a woman as husband and wife with the purpose of establishing a happy and lasting family (household) founded on belief in God Almighty.
Article 2.
(1) A marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.
(2) Every marriage shall be registered according to the regulations of the legislation in force.
Article 3.
(1) In principle in a marriage a male person shall be allowed to have one wife only. A female person shall be allowed to have one husband only.
(2) A court of law shall be capable of granting permission to a husband to have more than one wife, if all parties concerned so wish.
Article 4.
(1) If a husband desires to have more than one wife, as referred to in Article 3 paragraph (2) of this Law, he shall be required to submit a request to the Court of Law in the region in which he resides.
(2) The Court of Law referred to in paragraph (1) of this article shall grant permission to a husband wishing to have more than one wife if:
a. his wife is unable to perform her duties as wife;
b. his wife suffers from physical defects or an incurable disease;
c. his wife is incapable of having descendants.
- Type
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- Information
- Shari'a and Politics in Modern Indonesia , pp. 235 - 256Publisher: ISEAS–Yusof Ishak InstitutePrint publication year: 2003