Ahmad Makbul, S.Ag, S.H., M.H. -HUKUM KELUARGA ISLAM (PENCATATAN PERKAWINAN & PERJANJIAN PERKAWINAN)

Introduction

This tutorial provides a comprehensive guide on Islamic family law, focusing on marriage registration and marriage agreements. Understanding these legalities is crucial for couples intending to marry under Islamic law, ensuring that their rights and responsibilities are clearly defined and protected.

Step 1: Understanding Islamic Marriage Registration

• Definition: Islamic marriage registration is the formal acknowledgment of a marriage in accordance with Islamic law.
• Importance:
  • Legitimizes the marriage.
  • Protects the rights of both parties.
  • Provides legal recognition in civil matters.
• Process:
  1. Prepare the necessary documents, including:
     • Identity cards (KTP) for both parties.
     • Family card (KK).
     • Proof of consent from both families.
  2. Submit the documents to the local religious court (KUA).
  3. Attend the marriage registration ceremony, conducted by a marriage registrar.

Step 2: Drafting a Marriage Agreement

• Purpose: A marriage agreement outlines the rights and obligations of each spouse, often addressing financial matters, property rights, and other personal considerations.
• Considerations:
  • Discuss and agree on key terms with your partner before drafting.
  • Ensure that the agreement complies with Islamic principles and local laws.
• Steps to Draft:
  1. Outline the main points to be included, such as:
     • Financial contributions (e.g., expenses for household, education).
     • Property ownership and rights.
     • Child custody and upbringing.
  2. Consult a legal expert or an Islamic scholar to ensure compliance with laws.
  3. Write the agreement clearly, avoiding ambiguous language.
  4. Sign the agreement in front of witnesses to validate it.

Step 3: Registering the Marriage Agreement

• Importance: Registering the marriage agreement adds legal weight and can be beneficial in case of disputes.
• Process:
  1. Prepare the marriage agreement document.
  2. Submit it to the local religious court or relevant authority.
  3. Ensure that both parties and witnesses sign the document during the registration process.

Conclusion

Understanding the processes of marriage registration and drafting a marriage agreement under Islamic law is essential for ensuring legal protection and clarity for both parties. Couples should take the time to prepare necessary documents, communicate openly about their expectations, and seek legal guidance when needed. By following these steps, you can establish a solid foundation for your marriage that respects both personal and legal obligations.