THE CONCEPT OF EARLY MARRIAGE The Study of Maturity and Marriage Essence According to Mohammad Fauzil Adhim's View
Perpustakaan STAIN Salatiga
HIIIMIIIIIIIIII
A Graduating Paper o7t d3oio884.oi Submitted to the Board of Examiners in Partial Fulfilment of the Requirements for the Degree Sarjana Pendidikan Islam (S.Pd.I)
In the English and Education Department
AHMAD SAEFUDIN NIM. 113 02 031
ENGLISH AND EDUCATION DEPARTEMENT STATE ISLAMIC STUDIES INSTITUTE (STAIN)
ATTENTIVE COUNSELOR
Dear, The Head of State Islamic
Studies Institute Salatitga
Salatiga 14th of Augusts 2006
& JW?I,
After reading and correcting Ahmad Saefudin thesis on title " THE CONCEPT OF EARLY MARRIAGE (The Study of Maturity and Marriage Essence According to Mohammad Fauzil Adhim’s View) I have decided and would like to purpose that it could be accepted by the Education Faculty, 1 hope
would be examines as soon as possible.
2nd Consultant 1st Consultant
Dr.
NIP. 150.321.407
Of
0
Rahmat Harivadf. M.Pd
NIP. 150.254.238
DEPARTMENT OF RELIGIOUS AFFAIRS
STATE ISLAMIC STUDIES INSTITUTESALATIGA 7/. Stadion 3 Phone (0298) 323706 S o la tia 50721
DEKLARASI
Bismillahirrahmanirrahim
Dengan penuh kejujuran dan tanggungjawab, peneliti menyatakan bahwa skripsi
ini tidak berisi materi yang pernah ditulis orang lain atau pernah diterbitkan.
Demikian juga skripsi ini tidak berisi satupun pemikiran-pemikiran orang lain, kecuali
informasi yang terdapat dalam referensi yang dijadikan rujukan.
Apabila di kemudian hari ternyata terdapat materi atau pemikiran-pemikiran
orang di luar referensi yang peneliti cantumkan, maka peneliti sanggup
mempertanggungjawabkannya kembali keaslian skripsi ini di hadapan sidang
munaqosyah skripsi.
Demikian deklarasi ini kami buat untuk dapat dimaklumi.
Salatiga, 11 Juni 2006
Peneliti
STATEMENT OF CLARIFICATION
THE CONCEPT OF EARLY MARRIAGE ACORDING TO MOHAMMAD FAUZIL ADHIM'S VIEW
(Study of Maturity and Marriage Essence)
AHMAD SAEFUDIN NIM. 11302031
Has been brought to the board of examiners on Wednesday, September 6,2006, and hereby considered to completely fulfill the requirements of the Degree of Sarjana
Pendidikan Islam (S.Pd.I.) in the English and Education Department.
MOTTO
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" don ’t y o u h o p e le ss o f A lla h b le ssin g ,
a c tu a lly ufho h o p e le ss o f A lla h b le ss in g are o n ly u n believers" . (Q .S. Qusuf: 8 7 )
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" A ctu a lly A llah vVill n o t ch a n g e th e d e s tin y o f p e o p le u n til th e y ch a n g e th e ir d e s tin y b y th em selves" .
(Q .S. A r-R a ’d : 1 1 )
NEVER LOSE HOPE
HOPE MOVES US TO ACT
The ovdner of my fife
Allah the greatest
My beloved father mid mother
Mr. Sukandar and Mrs. Rondiyah
( Thanks for never end love and pray)
My dearest sister and cousin
Titik Nurut Anisa' and Rifai Mania
My stVeet sister in Joyja
Taim, Dian, and (Mutan
My best friend in HeaVen
Mohammad Mustayhfirin Surya Wiboulo
ACKNOWLEDGEMENT
In the name of Allah, the Compassionate, the Merciful
All praises due to Allah the Lord of the universe, Who does always gives
His creatures with His mercy. He testifies there is no god other than Allah and
Muhammad is His messenger. Prayers and peace be upon the master of all
messengers, Prophet Muhammad, and upon his relatives and companions, who
leads human being to the right path, the path of the prophets and messengers;
Islam.
Many peoples help and give him valuable contributions to finish this
graduating paper. Therefore, in this very glad occasion, he is very thankful to:
1. Drs. Imam Sutomo, M.Ag. as The Head of State Islamic Studies of Salatiga.
2. Drs. Sa'adi, M. Ag. as the Chief of The Major of Tarbiyah and as my
academic consultant.
3. Mr. Hanung Triyoko, S.S, M. Hum. as the head of English and Education
Department.
4. My thankfulness is due especially to Dr. Rahmat Hariyadi, M. Pd. and Mr.
Norwanto., M.Hum. as writer's attentive counselor. Their advocacy makes him
enjoy finishing this graduating paper.
5. Thanks to all of lectures in STAIN Salatiga for their guidance and knowledge.
6. My brothers in LDK STAIN Salatiga, KAMMI Komisariat Salatiag, and in
Islamic boarding house; Walisongo, Safira, and Zamrud.
7. My brothers in "REMASDA". Thanks for your support and kindness.
ATTENTIVE COUNSELOR... i
DECLARATION... ii
STATEMENT OF SERTIFICATION... iii
M OTTO... iv
DEDICATION... v
ACKNOWLEDGEMENT... vi
TABLE OF THE CONTENT... vii
CHAPTER I : INTRODUCTION A. Background of the study... 1
B. Theoretical frame work... 3
C. Literature review... 7
D. Clarification of key term ... 8
E. The statement of the problem... 9
F. The objective and benefit of the study... 9
G. Methodology of research... 11
H. Outline of the thesis presentation... 14
CHAPTER II : MARRIAGE IN ISLAM AND SOCIAL CONTECT A. Marriage in Islam context 1. Definition of marriage... 15
2. Marriage as tradition of prophets... 18
3. Recommendation to marry... 20
4. Marriage is the way to perfect a half part
of religion... 22
5. The pillars of nikah... 24
6. The law of marriage... 30
7. Goal of marriage 32 B. Marriage in some Muslim Countries 1. Turkey... 36
2. Iran ... 38
3. South Yemen... 39
4. Republic Tunisia... 40
5. Morocco... 42
6. Algeria... 43
CHAPTER HI : THE BIOGRAPHY OF MOHAMMAD FAUZIL ADHIM, HIS WORK AND HIS VIEW OF THE TOPIC A. Biography of Mohammad Fauzil Adhim ... 45
B. His W orks... 47
His view of the to p ic... 48
CHAPTER IV : ANALYSIS A. Concept of early marriage... 69
B. The essence of maturity in conducting marriage .. 73
C. The advantages of early marriage... 75
C. Closure... 87
BABI INTRODUCTION
A. Background of the Study
Human beings are the social creatures. They cannot live alone. They
need each other in a social life to fulfill their daily need. People need tailor for
their clothes and a doctor when they are sick. They need others to solve their
problem that cannot be over come by their selves. It is just simple example
that they cannot life alone.
Allah created human beings from three aspects. They are Al-Jism
(body), Ar-Ruh (spirit), An-Nafsu (lust). In this term An-Nafsu means biological and sexual need. People need an-nafsu to continuity their generation. It also which difference between human being and angels.
An-Nafsu is the creature that is given to human being. Sometimes it makes people noble in their life, if people can educate their lust correctly and
appropriately, but not little of them are insult because they cannot educate lust
correctly.
Islam is universal and completely teaching. It means that Islam
organizes all aspect of human being living. One of teachings it is marriage.
Allah created marriage as guarantee for continuity of human being's
population in the world. Allah realized marriage with created the relationship l
between men and women. Marriage is pure need of human being to keep the
Nowadays, the intercourse of adolescents was so apprehensive,
especially the intercourse between girls and boys. They ignore limitations of
intercourse between them. So that sometimes they do the thing against with
Islamic teaching. Free sex or premarital sex is a common thing for them. It is
clearly against with Islamic teaching and social rule.
In order to avoid the disaster, early marriage can be one alternative to
avoid premarital sex. In the early of 1983, Indonesians were confused by an
1 Syeikh Ash-Shabuni, Hadiah untuk Pengatin, terj. Ikliah Mohammmad., Mustaqim, Jakarta, 6th edition, 2003, Page. 28
2 Qaulan Sadida, Jangan Takut Menikah Saat Masih Kuliah, Mandiri Visi Media Press, Surakarta, 2005, Page. 12
3 Mohammad Fauzil Adhim, Indahnya Pernikahan Dini, Gema Insani Press, Jakarta, 4th edition, 2004, Page. 1
3
However, most of questions and anxieties rise from early marriage. Is it
possible? How is about adolescent's physical and psychological readiness?
How is a response of surrounding society?
Based on the background of the problem above writer interests to
explore and describe about THE CONCEPT OF EARLY MARRIAGE (The
Study of Maturity and Marriage Essence According to Mohammad Fauzil
Adhim's View).
B. Theoretical frame work
Marriage is a pure need of human being. It is also Islamic teaching and
prophet tradition.
dill /j,| dislj j \jS" ; dill J Jt i
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"Prophet Muhammad said: You who said this one and this one? By Allah actually I afraid to Allah and obey Him, but I Fast, ate, pray, slept and married woman. Who do hate of my tradition, so are not my people".
From the hadits above, Prophet Mohammad wants to inform to his follower that marriage is one of his traditions. This is a fomentation to his
people to conduct marriage. People who do not want to conduct marriage, it
mean they do not love his tradition. Moreover, the prophet states, people who
do not conduct marriage they are not his people.
By marriage, someone's life will be more directed. Prayer will be easy
to concentrate because the imaginations and questions before marriage were 5
5Al-lmam Abi Abdillah Muhammad bin Isma'il Ibrahim bin Mughiroh bin bardzabah,
answered. Moreover, the value of their prayer is worthier than unmarried. As
the prophet said that, two-roka'at prayer of married more important than thousand rokaa't of unmarried.
Marriage also makes people's life enjoyable physically and mentally.
Some psychology research show there are positives influence of marriage.
They are sense of self and satisfaction of soul (wellness).6
The commandment of marriage Allah said in the holy Quran:
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"Marry those among you who are single or the virtuous ones among yourselves, male or female; if they are in poverty God will give those means out of his grace; for God encompasses all, and He knows all things".7
This verse is the God's order to human being to conduct marriage with
the word wankihu. In the previous verses (before An-Nur: 32) explain of God's prohibition such as, do not resemble zina, prohibition to do contemptible act, free sex and all of thing that will bring damage,
demoralization, and destruction of human being.8
An-Nur: 32 revealed as the answer and the key solution toward the previous verses. To avoid zina is just with married; to avoid free sex/premarital sex is just with married.
6 Mohammad Fauzil Adhim, Indahnya Pernikahan Dini, Op.Cit, page, 5
7Abdillah Yusuf Ali, The Glorious Kuran; Translation and Commentary, Darul Fikri, Bairut, 1934, page 905
5
Allah order people to marry because this is the most effective way to
keep self-honor. Moreover, it makes people far from zina. Marry is the one way to get generation legally, legal in social and religion view.
The other interpretation of An-Nisa: 32 above is Allah order to parents to keep their honor's children. It is only by marriage, cause marriage
can safe their honor and religion. One thing that become consideration of
every parents before merry their children is their economic ability. Parents
consider as if property become a guarantee of happiness in household.
Whereas Allah said in the same verse, if they are in poverty God will give
those means out of his grace. This is Allah's promise. Why they still hesitate
with Allah's promise? Properties cannot be parameter a noble of people in
Allah side but their obedience and pious.
In Syari'at of Islam, there is no certain time exactly for people to conduct marriage. Prophet Muhammad P.B.U.H said:
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"0...adolecent! Who is among you, who reached ba'ah, so you marry! Because marriage could to keep on eye’s view and it was keeper to genital, but you cannot to conduct marriage, so you have to fasting, because the fasting is reins from sex's desire".
As Mohammad Ali As-Shabuni said in his book, the hadits above is
consideration for the youth to marry. In this hadits, age does not be important 9
qualification for youths to conduct marriage. The qualification that prophet
inform is Al-Ba’ah. What is Al-Ba'ah ?
Most of ulama interpret the word al-ba'ah with the readiness of
financial to pay household need. In other hand, Mohammad Fauzil Adhim has
different interpretation of the world al-ba'ah. He interprets al-ba'ah as
readiness to look for nafkah. Financial readiness is economic ability of a man,
so that with the ability he can give nafkah to his wife. Whereas readiness to
give nafkah is more interrelated with readiness to hard work and seriously to
get nafkah for his family. So that, although when marry he does not have
financial ability which satisfactory, he can give necessities to his family10. For
these reason there is a wise world, Belum Punya Pekerjaan Tetap. Tetapi Tetap Bekerja.
It is not match if al-ba'ah interpreted with the ability or establishment in economic need. This statement can shown from the great wedding of Ali
bin Abi Thalib with Fatimah,-Prophet Mohammad's daughter.
When Ali marries Fatimah, Ali does not have anything to given to
Fatimah as mahar so he had to sale his battle attire. If al-ba'ah interpreted as establishment of financial ability, of course Ali bin Abi Thalib did not married
in that moment. It does not match if al-ba'ah interpreted as establishment of financial ability.
7
Based on the reason above early marriage does not dependent to ones
age or the establishment of financial ability. So that, for youth who understood
al-ba'ah deeply and want to perfect part of religion (Islam), it is time to marry'.
C. Literature review
In his book, Indahnya Pernikahan Dini, Mohamad Fauzil Adhim states, if the early marriage happened, there are preparations that should be
paid attention. They are the readiness of psychology, the orientation of
marriage, and readiness to responsible. Early marriage is good, but hasty in
marriage can bring badness. If it happened, people will give wrong conclusion
about early marriage. The failure and badness in a household delivered to
early marriage, although cause trouble is not in early marriage but hasty way
when marriage, because there is no deeply preparation to make a household.
The predictiojn and anticipation what are that will be happen in household, it
should be though before marriage conducted.11
Marriage's orientation is also the important factor in household.
Happiness in a marriage is much determined with how is marriage orientation
of someone toward a marriage. What is marriage's orientation just for satisfied
the lust? Of course not, must be there a pure and noble want to conduct
marriage.
When the time comes, time to marry. Once again, it needed a
preparation and readiness deeply. Among the stock that should be prepared are
the stock of knowledge, the ability to fulfill a responsibility, the readiness to 11
receive child, and spirit readiness. It will be explained briefly in next
chapter.
About the title and the topic of the thesis, some of the students had
written discussion of early marriage. They are Uswatun Hasanah (21199036)
entitle Pernikahan Dini (Studi Kasus di Kecamatan Ngawen Kabupaten Klaten Tahun 2000-2004), Mutaqin (21199001) entitle Pernikahan Dini (Study Komparatif Hukum Islam dan UU. No. 1 Tahun 1974), Miftahussa'adah (21100001) entitle Pernikahan Dini dan Dampaknya dalam Perspektif Hukum Islam (Studi Kasus di Desa Bulurejo Kecamatan Martoyudan Kabupaten Magelang Tahun 2004) L\
Some of the student above wrote the phenomenon of early marriage in
society. Nevertheless, in this thesis writer wants to study again about early
marriage, and of course with different view from the previous thesis. It is
concept of early marriage in a contemplation adult and marriage truth
according Mohammad fauzil Adhim's view.
D. Clarification of key terms
1. Marriage
An agreement that is lawful in the intercourse between men and
women who were not mukhrim. This agreement is generating right and obligation between them. It is a tying between two persons, man and
woman to life together in a household and to continuity their generation.12 13 14
12 Mohammad Fauzil Adim, Saatnya Untuk Menikah, Op.Cit, page 17 13 STAIN Salatiga, Data Skripsi, UPT Perpustakaan STAIN Salatiga
9
nation.15 16 It also means the idea on definition, which is abstracted, based on
the concrete even.17
E. Statements of the problem
The statements that rise of the problem above are:
1. What is the concept of early marriage according to Mohammad Fauzil
Adhim's view?
2. What is the essence in conducting a marriage?
3. What are the advantages of early marriage?
4. What is the implication of early marriage for sex education?
F. Objective and benefit of the study
Based on the statement of the problem above, the objective of the
research are as follows:
1. To describe the concept of early marriage according to Mohammad Fauzil
Adhim's view
2. To know the truth of adult in conducting a marriage.
15 Arso Sastroadmojo, Hukum Perkawinan di Indonesia, Bulan Bintang, Jakarta, 1975, Page, 86
16 As. Homby, Oxford Advanced Dictionary, Oxford University Press o f Concern English, 1974, Page 175
3. To know the advantages and disadvantages of early marriage.
4. To find out the implication of concept of early marriage for sex education.
There are benefits of the research.
1. For parents
Children are mandate from Allah for every parent. Therefore, those
parents have responsibility to their children that are mandate from Allah.
Educating and guiding are obligation for every parent to their children
before the parents are asked justification in Allah side in hereafter.
When children growth up, parents must beware in supervise them.
Especially where and who they are intercourse. Most of adolescent be
sacrifice caused of wrong intercourse.
If children could not to keep their selves and self-honor more, so at
that time parents have to look for a couple to keep and many' them. It will
be safer for parents and children. Moreover, the most important, it will be
kept for their religion.
2. For adolescent
A phase of adolescent is a wonderful period. Where are, they
move from childhood into adult. That moment is very gristle for their
mental and attitude development. Envirounment where are they living will
form their character.
Recently the intercourse of adolescent is very apprehensive. For
them who did not know about limitations that interdicted by religion
11
look like a common thing in intercourse of adolecent. In otherhand prophet
Muhammad p.b.u.h said;
The meaning:
”0 . . . adolecent! Who is among you, who reached ba'ah, so you marry! Because marriage can keep on eye's view and it was keeper to genital, but you cannot conduct marriage, so you have to fasting, because fasting is reins from sex's desire".
The Prophet p.b.u.h. wants to say for adolescents who were ready
to conduct marriage, because marriage will keep them from disobedience
to Allah. If they are not ready to marriage, so that they should fasting.
While wait Allah give them ability to marry.
G. Methodology of research
This is the library research. The methodology, which will be used by
the writer as follows:
1. Method of collecting data
To collect the data about the concept of early marriage in
Mohammad Fauzil Adhim's view, writer uses the library research to study
the writing sources, which are published,
a. The primary data source
The primary data source is the data, which is used in the
research directly. In this research the writer uses books that related
with marriage that are written by Mohammad Fauzil Adim. They are; 18
Indahnya Pernikahan Dini, Saatnya Untuk Menikah, Kupinang Engkau dengan Hamdalah, Memasuki Pernikahan Agung, and
Menggapai Pernikahan Barokah.
b. Secondary data source
The secondary data source is the data source, which is
supports and completes the primary data source. In secondary' data
source, writer takes the verses of Holy Quran, Hadits that explain of marriage, and Fiqh Munakahat.
c. Tertiary
The tertiary data source is the data source, which is supports
and completes the primary and the secondary data source. Writer use
some supporting book that related with the topic.
2. Method of analysis data
From the data, that writer gathered then to compile and analyze the
data was used by method as follows:
a. The Method of content analysis
In analyzing the data writer uses the analysis of the contents
(contents analysis) that is the analysis toward the meaning that was
contained in the idea of the view of Mohammad Fauzil Adhim
including how the idea or the idea emerged, whether his background
and why the idea was shown.19 The analysis of the contents also
focused on the descriptive analysis method that is by means of
13
analyzing the problem that was being discussed in orderly fashion
concerning of the view conception of the relevant leading figure."
This method was used as the approach to untangle and describe the
view of the leading figure as the existence in order to obtain the picture
that was contained in the view of the leading figure and to explain a
fact (view) that is true or false. Because of that, in this stage not more
than the research that had discovery nature facts an existence (fact
finding).20 21
b. The method of phenomenology
This is an intact method and that more fundamental about the
phenomenon that was in context with the some situation. So that in
understanding the previous view of the period not only stops to
achieve the aim of the thesis this philosophical analysis toward the
view of the leading figure in specific long time past is a methodologies
manner will use the historical approach. This remembered the research
biographies, that is the research into the someone life in his relations
with the community, the character, and his idea of the influence of the
characteristic view as well as formed this character of the leading
figure for his life22
20Anton Bakker and Ahmad Chans Zubair, Metodologi Penelitian Filsafat, Kanisius, Yogyakarta, 1990, page, 65
H. Outline of thesis presentation
To make this study systematic, the writer divides this study into
chapters below:
In chapter, I consist of the background of the study, theoretical
framework, literature review, and definition of the term, statement of the
problem, the objective of the study, research methodology, writing
presentation, and bibliography.
Chapter II talk about marriage in Islam generally and marriage
phenomenon in some Muslim countries.
The biography of Mohammad Fauzil Adhim, his work, and his view of
the topic
Chapter III talk about biography of Mohammad Fauzil Adhim, his
work, and his opinion of the topic. Focus of the topic is early marriage
including the factors, which influence successful or failure in early marriage,
and society's view of early marriage, and conclusion.
Chapter IV analysis contains of the statement of the problem. They are
the essence of maturity in conducting marriage, advantages of early marriage,
and the implication of early marriage for sex education.
CHAPTER H
MARIAGGE IN SOCIAL CONTEXT
Marriage is one of Islamic teaching. Allah delivered this teaching through
his messenger, Prophet Muhammad P.B.U.H. so that marriage became prophet
tradition. Marriage is also as the way to preserve human generation for the
continuity human life.
Allah makes marriage as guarantee of preservation of human population in
the world. From the marriage will raise families. Families will form villages,
tribes, and countries. From the communities will create cultures and other life
rules that suitable with their character. The life rules include marriage. In this
chapter writer wants to explain about marriage in Islam's view generally and
marriage in cross culture context in some Muslim countries.
A. Marriage in Islam context 1. Definition of marriage
Marriage in Arabic term is "nikah". Linguistically nikah means
gathered, possesses each other, and used in term intimate intercourse
(wathi) between men and women. According to Islamic term, there are
some definitions about marriage (Nikah). Some of them are:
a) According to Abu Yahya Zakariya Al-Anshari stated:
. 4 .kiJb j / j o . wIaP' t&Ji
Nikah in syara' term is an agreement containing rule to sexual
intercourse legally with lafadz nikah or with words which mean with
that.1
b) According to Zakiah Derajat
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An agreement containing rule to sexual intercourse legally with lafadz
nikah, tazwij, or with the words which mean with that.1 2 3
The definition above is viewed in one side only. It is legalization in
intercourse between men and women that are prohibited before become
lawful. The sexual intercourse, which is conducted before marriage, called
adultery (zina) but after marriage, it includes a religion service.
Imam Syafi'i said marriage is an agreement that gives a sexual
intercourse between male and female lawful. Metaphorically, marriage
means sexual intercourse.
According to constitutions No. I Tahun 1974 (pasal 1), marriage is
engagement among male and female as husband and wife with propose to
establish a household happily and eternal base on Ketuhanan Yang Maha esa.3 As the nation that based on Pancasila that the first pillar is Ketuhanan Yang Maha Esa, so that a marriage has strong relation with religion, therefore a marriage is not only has psychic engagement, but physic also
has important rule to establish healthy and happily household.
1 Abd. Rahman Ghazaly, Fiqh Munakahat, 1st edition, Prenada Media, Jakarta Timur, 2003, page 8
2 Ibid, page 8
17
Marriage is also an event of human pure need, education process,
social, and culture exchange 4 It is event of human pure need because
marriage is one of medium to express human basic characters and pure
need of human is they have tendencies to other gender. Allah creates love
in human either male or female.
Marriage is education process. After married, education process of
both bridges will increase kindness among them, quality and quantity.
Prophet Muhammad said that marriage can bring one who conduct it to
reach half part of his religion.
Marriage is social event. It means marriage unites two big families
from the male side with female. Perhaps before marriage two big families
above do not know each other that are separated by space. By marriage, it
not only unites a male and female in wedding but marriage unites two big
families that next becomes a new big family.
Marriage is culture event. It means that marriage unites two different
cultures background of each family. For example, a male of Sundae
marries with female of Java. If they married, it will cause acculturation
process between Sundae and Java. A male of Java marries with maiden of
Chinese, it will unity two different ethnics. Therefore, marriage process
means unification process of many businesses. Marriage is not medium to
differentiate or contrast them.
2. Marriage as tradition of prophets
Marriage is one of Islam teaching. People who conduct marriage, it
means they apply one of Islam teaching as the way to worship and obey
Allah. Allah creates marriage as guarantee for continuity of human
population. Since marriage will bear lawful and legal generation.
Allah delivered His reveal through His messengers to be spread to
His people in the world. Among the His revelation and commandments is
marriage. The messenger was the one who received and applied revelation
of Allah. Therefore, anything that was received and applied by messenger
becomes messenger's (prophet) tradition {sunah). It includes marriage.
Following verses explain of marriage as prophet tradition. They are:
1. Al-Baqoraoh: 35
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"We said: O... .Adam ! Dwell thou and thy wife in the Garden; and eat of the bountiful thing there in as (where and when) ye will...
2. At-Tahrim: 10
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"God sets forth, for an example to unbelievers, the wife of Noah, and the wife of Luth".5 6 *
5Abdallah Yusuf Aii, The Glossaries Kuran; Translation and Commentary, Darul Fikri, Bairut, page 187
19
3. Hud: 71
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"And his wife standing (there), and she laughed; but We gave her glad tidings of Ishac and after him, of Jacob".7
4. Ar-Ra'du: 38
(Y 'A :
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Aiij"We did send apostles before thee, and appointed for them wives and children".8 9
Prophet Muhammad was the last prophet and messenger of Allah. He
said marriage is his tradition.
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"Prophet Muhammad said: You who said this one and this one? By Allah actually I afraid to Allah and obey Him, but I Fast, ate, pray, slept and married woman. Who do hate of my tradition, so are not my people".
Marriage also becomes tradition of prophetic of Muhammad p.b.u.h.
He gave example to his followers to marry women and made the marriage
as part of application in Islamic teaching. This is mercy of God for human
being, because marriage prohibited demoralization and sex abuse.
1lbid, Page 533
sIbid, Page 616
9A1-Imam Abi Abdallah Muhammad bin Isma'il Ibrahim bin Mughiroh bin bardzabah,
Marriage can keep generation continuity of human being and make life
calmness and wellness.10 11
3. Recommendation to marry
Islam is the complete and perfect religion. Islam orders its followers
to conduct marriage. Islam prohibits its people live in bachelor even
Prophet Muhammad said worst people in this world is unmarried.
Allah creates marriage as medium for human to be closer to Him.
Allah gives sex desire, love, and affection among male and female. Then
Allah makes marriage as the place to exert sex desire, love, and affection
between male and female.
Human, either male or female under their pure need have interest or
love to other gender. Islam makes marriage as honor way to form love and
affection between two kind of human; male and female.
Following verses are commandment to marry. They are:
1. An-Nur: 32
iSj— Ai 1 y j i ya J
N. ^
aJJIj ya ail!
"Marry those among you who are single or the virtuous ones among yourselves, male or female; if they are in poverty God will give those means out of his grace; for God encompasses all, and He knows all things".11
Abu Bakar Ash-Shidiq when interpreted this verse, he said that
if Allah's commandment was fulfilled (conducting marriage), Allah
21
will keep a promise to enrich for one who conducted marriage.12
Through this verse, Allah orders human being to conduct marriage.
Allah gives a guarantee for one who conducts marriage. Allah will
make suffice all of the need. This promise delivered to people who
want to marry in order to get Allah' favor and to keep self from the
immoral.
Some verses before An-Nur:32 explained prohibition from
Allah. Allah prohibits human do worst acts and big sin like adultery
(zma) and everything that can cause damage and demoralization of
human. Then Allah reveals An-Nur: 32 as commandment to marry.
Marriage is the effective way to keep self-honor and marriage avoids
ones to do adultery and the other sin.13
2. An-Nisa: 3
— *J VI c JL j * 1 jSoli
"Marry women of your choice, two, three, or four; but if ye fear be able to deal justly (with them), then only one or (a captive) that your right hands possess.14
12 Syeikh Fuad Shalih, Untukmu yang Akan Menikah dan Telah Menikah, teij. Ahmad Fadhil, Is1 edition, Pustaka Al-Kautsar, Jakarta Timur, 2005, page 12
I3Muhammad Ali As-Ashabuni, Tafsir Ayat Ahkam As-Shabuni, translation o f Mua'amal hamidy and Imron A. Manan, PT. Bina ilmu, Surabaya, 1992, page2 73
3, Had it s.
<cJLp all! ^L/5 all! bJ ijB <S^J ^ y >
J./9.W y > o \ <uls ^ jjx J U 4$.Lj! j*JnJL/» ^UaLwul y » <_^LiJS jd^XAb
, f \ > r j <5 <uU ^j^aJib <ul*i ^*jal^o jj-*J
"0...adolecent! Who is among you, who reached ba'ah, so you marry! Because marriage could to keep on eye's view and it was keeper to genital, but you cannot to conduct marriage, so you have to fasting, because the fasting is reins from sex's desire".
4. Marriage is the way to perfect a half part of religion
Islam is the universal religion. Its teaching is complete and perfect.
Islam organizes all life aspect of human in the world until hereafter. Islam
guide its follower strive in Allah's way in order to human reach happiness
in their life either in this world and hereafter.
Islam organizes its people how to intercourse with Allah or prayer
(ihablu minallah) and how to intercourse with the other people or society
{Hablu minannas). Marriage has two values. Since marriage becomes
Islamic teaching, conduct marriage is one of kind to worship and obey
Allah.
Marriage is education process (tarbiyah). Marriage will strengthen
kindliness sides between men and women who meet in the wedding.
Process tarbiyah lslamiyah for both brides can increase quantity and 5
23
quality life after marriage.16 Prophet Muhammad said that marriage
delivered people to get a half of their part religion.
Before marriage, perhaps someone feels difficult to concentrate in
praying because imaginations and questions about marriage disturb his
mind. Nevertheless, after marriage all of imaginations and questions about
marriage are answered.
Allah created men and women and created love between them. So
that building human society live is perfect. Life wheel will rotate by taking
and caring each other. For this reason, Allah said:
\---& > - jj J { j*
( \ ;«.L~Jl) j
"O... .mankind! Reverence your guardian. Lord who created you from the one soul, created of like nature, his mates, and from them scattered (like seeds) countless men and women; Reverence God, through whom you demand your mutual (right), and (Reverence) the dumb (that before you) for God ever watches over you".17
Allah created marriage engagement through desire of lust and
syahwat. Actually, Allah created desire of lust for existence the marriage
between them. However, among them, there are people who want conduct
marriage and there a half of them who do not want to conduct a marriage.
As was explained above, marriage will be happened when there is of lust
desire motivation. Allah created the desire of lust as the basic need for
human being as need as for food and drinking.18
,6Didik Hermawan, Op.Cit, page 33 17AbdaHah Yusuf Ali, Op.Cit, page 179
Actually, a marriage in Islam’s view is religious service and a trial to
brought people closer to Allah. By marriage, a Muslim will get a
kindliness and reward from Allah if they conduct a marriage with a goal to
keep their honor and soul from the prohibited things. It is the main propose
a marriage in Islam.
5. The pillars and qualification of legal nikah.
a) Bride and bridegroom
Bride is women who will change her status become a wife for a
man after marriage agreement was declared. If before marriage she
must obey and service her parents absolutely but after marriage he
will become a wife for a man that she must priority to obey and
service her husband as well as possible than her parents. Husband has
a right to his wife because a husband is a leader in a household. One
of wife's duties is obey and service her husband in everything as long
as it straight in right way. Since it is, include to one of service religion
for her.
Two things that must be attended in a bridge. They are her status
that makes her lawful to be married and her character for getting
happiness in household life and gain the main purpose in marriage.19
Bridegroom is men who will change his status become a husband
for a woman after the marriage agreement was declared. As a leader
in household, husband has responsibility to his wife and the other
25
members. A husband must fulfill all of his wife need, physically and
mentally.
b) Guardian of the bride.
The guardian in marriage is a person who has a right to marry a
woman. This right or duty raise because of there is blood relationship
like a father, grand pa, brother, uncle, and so on. However, if the
bridge has no guardian of blood relationship, so a people who entitled
to marry her are a judge.
Judge guardian is the guardian that is stored by government. In
this case, government is delivering the authority to K.U.A (Office of
Religion's Affair), because of same reason.20 21
Guardian is one of the pillars in marriage. It means if marriage
without guardian, marriage will be failure or illegal. Like was said by
Prophet Muhammad:
'' d y . V
"There is no marriage without guardian".
If a man who propose marriage is a good man, but the
guardian of bride is refusing him without clearly reason, so bride can
complain about her problem to the judge. If the judge sure that
refusing of her guardian without clearly reason, the judge can force
the guardian married her. If the guardian still does not want to marry
20 M. Abdul Mujib, Mabruri Thalhah, dan Syafi'ah, Kamus Istilah Fiqh, PT, Pustaka Fidaus, Jakarta, 1994, page 417
her without strong reason, so the other guardian or judge can marry
the woman as vice of the first guardian.
c) Two witnesses
Conducting of marriage will be legal or lawful if there are two
witnesses in agreement of marriage. As the Prophet Muhammad said:
Y\ cU p J d j i V I C l & V
"There is no marriage without guardian and two justice
witnesses". (Reported Ahmad and Hakim)
People who will be selected as witnesses in marriage
agreement are muslim males, justice, adult, have not disease mind,
and are not deaf. Witnesses have to present and show directly in
marriage agreement process and give a signature marriage letter on
the time of marriage's agreement take place.
d) Agreement of marriage
Agreement of marriage or akad nikah in Islamic term is a
marriage engagement that is declared with used certain words. In
agreement of marriage, there are two parts. They are ijab or deliveiy
and qabul or acceptance.
1) Ijab
Ijab linguistically means delivery. Terminology it means
delivery the responsibility to the every husband will be. Ijab is
stated by guardian of brides.
27
The example of ijab statement, the guardian said; "I marry
you with my daughter that name fulanah bini fulan with down*' of a
set of prayer equipment and Holy Quran... cash".
2) Qabul
Qabul linguistically means acceptance. It is as the answer
of delivery statement from guardian of bride in marriage agreement
ceremony. It also means acceptance of responsibility of woman
that will be a wife.
The example of qabul statement, Bridegroom replied; "I
receive her marriage fulanah binti fulan with the dowry of a set of
prayer equipment... cash".
In fact, marriage is a sacred moment. When a father says ijab
(agreement of marriage), it means delivery of responsibility of her
daughter to a male who will be her husband. Therefore, ijab qabul is
not only a sentence to legality physically and mentally tying among
male and female that was chosen.
Deeply, in a marriage there is a responsibility for a male or
husband to educate and guide his wife. So that what was being a goal
to create a harmonic and happy family comes true.
In the progress of akad nikah (agreement of marriage), it is
better to use the word an-nikah (nikah/maniage), or at-tazwij (Kaw/n/marriage). These sentences are stated when ijab-qabul 23
(delivering-receiving). A marriage agreement that does not use the
word of nikah or tazwij it will be illegal. For example, use the word
selling, renting, and giving. The concrete example is someone says, "I
give my daughter to you." These sentences cannot be used in ijab
qabul.
e) Dowry(mahar)
Dowry is a gift that is obligated to every bridegroom to be paid
for a bridge, either materially or immaterially.24 The source for this
duty is in suroh An-Nisa': 4
S zja 8jlSsi axa Oli i<cL£ IjJlj
"...And give the woman (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you. Take it and enjoy it with right good cheer".25
Islam obligates every bridegroom to pay dowry (mahar) to
eveiy bride. Dowry is one of pillars in marriage. If the bridegroom
does not pay dowry to bride, so that marriage is invalid. A husband
has to pay dowry to his wife. Dowry, w'hich does not be paid, is a debt
that must be paid by a husband to his wife. The payment of the debt
must be prioritized than the other debt
There is no limitation in payment of dowry. Islam is lightening
the dowry. It is describing, harmony, ease, evidence of women
generosity, and blessing of marriage. Dowry is given with moderation
and amenity that suggestion of Islam teaching.
29
Although dowry is not decided how much its number but
dowry is duty for bridegroom to his bridge. So that, what kind and
how much of dowry that will be given to bride, it has to be discussed
among them. This is wished in order to the bride is not be occupied
and heavy. Sometime a male canceled to marry is caused of he cannot
pay the expensive dowry.
In Islam, there is no limitation in deciding how much the
number o f dowries. Islam recommends that dowry does not occupied
the bridegroom that make him difficult to conduct marriage. Prophet
Mohammad said: "as good as dowry is cheapest". He does not mean
to disparage female status with cheaply dowry. But he does not want
difficulties in marriage process.
Dowry is not always in the form of money or thing. Dowry
can be nonmaterial. Such as what was experienced by Ummu Sulaim
when receive marry proposal from Abu Thalhah. Ummu Sulaim
wanted her dowry is Islamic of Abu Thalhah. He was an unbeliever to
Allah. However, if the bridegroom was Muslim, wife candidate may
ask her dowry in the form of memorizing holy Quran or H adits26
6. Law of marriage
According to most of fiqih experts, the source of law in conducting
marriage is mubah (Neutral). This law source can be changed base on the
reason that causes it. It can be changed makruh, sunah, wajib, and
27
haram.
a. Mubah (Neutral)
Someone who has ability to conduct marriage, but if he does not
conduct it, he does not worried to do zina (adultery). If he conducts
marriage, he will not neglect his wife.
The aim of his marriage is just to fulfill his easiness not for aim
to keep his religion-honor and to establish prosperous family. This law
is also delivered for someone that between motivation and resistor in
her marriage are same. Therefore, it can raise a doubt for people who
will conduct marriage.'
b. Makruh (The avoidance of which yields merit but the performance of
which is not sinful)
Someone who is considered able to conduct marriage
physically, but he has no cost ability to establish a household so if he
marries, he just bring miserable to his wife and children. Nevertheless,
if he remains to marry he is innocent and does not get a reward. 27 28
31
c. Sunah (circumcision)
Someone who is assumed from the physically view could
conduct marriage and has a desire to marry, and he has an ability to
establish a household. If he marry he get reward from Allah, if he does
not marry or yet there is no sin.
Someone who has willingness and readiness to conduct
marriage, but if he does not conduct married, he will not be worried to
do zina so that the law for his marriage is sunah.
d. Wajib (obligatory)
If a male is assumed from the physically is ready to marry and
he has an ability' to establish a household so if he will not marry he is
worried will be fallen into sin. For example deviation sex, sex outside
marriage (zina), so he must many'. If he does not want to marry, he
will sin.
e. Haram (forbidden)
This law uses for people who financially and maturity weak.
That people do not permitted to conduct marriage. It is worried if they
marry, they will be burden for his wife.
This rule also uses if a male and female as husband and wife do
not want to conduct what their duty and right. If a male has bad
attitude, he is worried will do maltreatment to his wife or violence in
7. Goal of marriage
The goal of marriage in Islamic view is as application of religion
guidance to establish a harmonic, prosperous, and happy family, harmonic
in conducting the right and obligation between a husband and wife in a
household. Prosperous means fulfilled all of the need, physically and
mentally. Therefore, it will raise a happiness and soul wellness in a
household.
Human being is created with instincts that needed to supply. One of
the instincts is biological need or sexual need. In Islam, the lawful way to
supply it is by a marriage. Widely, there are two goals human being in
conducting a marriage. They are; as accomplishment of human being'
instinct and as the way to fulfill the guidance of Islam/
This instinct is purity of every human being as Allah said in Ali
Jmron: 14.
__Si 6j\a\aLi IjLaJij rj» oij£,-.I>Si
**_**>-aWSj cLijJi i iiJJi <.Cj j fU ry ij 4^
( M :
Ji)
^\i\
"Fair in the eyes of men is the love of things they covet; women and sons; heaped up hoard f gold and silver; horses bounded (for blood and excellence) ; and (wealth of) cattle and well-tilled land. Such are the possession of this world life; but in nearness to God is the best of goals (to return)."29 30
33
The verse above explained that men have feel love to women,
generation, and property. In other hand, human beings also have purity to
know Allah, the lord of universe. For the reason Allah said in Ar-Rum: 30.
\ . t > g.
.0 V j £ \ ^ j t r ill d liii
"So set thou thy face steadily and truly to the faith; (establish) God's handiwork according to the pattern on which He has made mankind; no change (let there be) in the work (wrought)."31
Look into the both goals of marriage above, Al-Ghozali explained in
his book about the goals of marriage. He divided into five,
a) To get and to continuity the generation.
As was explained above, human being have tendency to get
generation legally, legal in Islam and government' view. There is one
way to get generation legally, it is with married. Islam trough holy
Quran and Hadits gives guidance for human beings in order to get
happiness in the word and hereafter.
Happiness in the word and hereafter are gotten with life in God'
obedience. Happiness in a family can be measured with attendance of
sweet heart, children. Absolutely, every people want to get a good
generation (sholih). Holy Qur'an advice people pray to Allah. In order
to, Allah has given a good generation for them.
a^ U Lj j i)j}jaj J L S lj
( V l:0 tiyS \) .fUJ
"And these who pray, "Our God! Give us wives and offspring who will be the comfort of our eyes, and give us (the grace) to lead the righteous".32
b) Accomplishment toward purity of human beings, it is to supply their
lust legally.
Allah created human beings in couples who have a will to
intercourse between men and women. Allah describes that a man and
woman like a cloth. It means one of them needs the other ones. It is
stated in holy Quran:
pJxi c A 5 ^1« yflil iLJ .Ji»-!
0 AV:v*J')
"Permitted for you in the night of fasts, is the approach to your wives. They are your garments and ye are their garments."33
Despite marriage as channel of the sexual instinct, it is also to
channel love and affection between man and woman harmonically and
responsibly. Channeling love and affection in outside of marriage will
not result a harmonic live and responsible. Since it is based on a
freedom that is not bounded anything rule. The one rule is marriage.
Marriage bounded a legal freedom in channeling love and affection
between man and woman harmonically and responsibly to conduct
their duty.
c) Fulfillment toward guidance of religion and keep self from damage.
Marriage makes calmness in life, love and affection in a
household. People who do not conduct a marriage as way to channel
35
their lust they will face unnatural and cause damage for their self or the
other even surrounding society. Since human being have lust, and lusts
tend to invite disgraceful deed.
(©T js). • 01...
"... .Actually lust always invites toward badness..."
The prime of lust desire is sexual lust. It needed to channel in
appropriate way. It is with married. Marriage decrease strong urging of
lust desire.
d) To grow seriousness to responsible in receiving the right and
obligation and seriousness to look for lawful property.
A married person feels his responsibility increasing. Before
marriage, he is just responsible to himself but after marriage, he has to
responsible to his wife and family. In fulfilling requirement of
household, he will seriously and diligently. In using wealth, people
who had been married more effective and saver because they
remember with their household requirement.
Couples that in their marriage are based on religious experience,
all of the trial to fulfilling their family need is considered as a religious
service. In conclusion, trough household life can rise spirit to hard
work, responsible, and get lawful wealth.
e) To establish a happiness household as the smallest unit of society.
Family is the smallest unit of society. From good family can
is part of society that have important factor in decision of society
condition. Happiness of society can be reached or influenced by
happiness from each family and its members.
Wellness and calmness of family based on harmonically
intercourse between a husband and wife in a household. Harmony is
created with family's members awareness in conducting right and duty.
Allah made a family under the legal marriage to create wellness,
calmness, and grow love and affection among the members. This goal
as was explained in holy quran on Ar-Rum: 21.
(Y \ pj j iS o b V liAJi J$ 0 | ^ j j a-iy>
"And among his sign is this that He created for you mates from among your selves, which you may dwell in tranquility with them. And He has put love and mercy between your (hearth); verily in that are sign for those who reflect.34
B. M arriage in some Muslim Countries
1. Turkey
a) Marriage age
Turkey is the country which most of its people are Muslim. In
marriage problem, Turkey organizes it into the law of marriage. In that
law was organized minimal age for someone in conducting marriage. It
is 18 years for male and 17 years for female. In certain cases, the court
can allowed marriage in 15 years old for male and 14 years old for
37
female after get permission from their parents or guardians. In fiqh of
Hanafi discourse of age limitation in marriage was not concretely
mentioned age limitation. It was mentioned expressly that one of
qualification in marriage is maturity and have ability to think healthily,
as well as both become general qualification for operational from all of
actions what have nuance of law.35
b) Polygamy
Islam permitted for males have wife more than one. Allah said
in holly Qur'an:
(T ’. f - j i
"Marry woman of your choice; two, three, and four. But if ye fear be able to deal justly (with them) then only one, or (a captive) that your right hands possess."36
The verse above is as the source for males who want to have
wife more than one. Islam permitted males to have wife more than one.
In Turkey, the concept of polygamy is prohibited. The law of Turkey
prohibited marriage more than one as long as the first marriage still
conducted.
That law stated that someone does not marry, if he does not
prove that his first marriage finished because of die, divorce, or
35 Isroqunajab, Hukum Keluarga Islam di Turki: Hukum Keluarga di Dunia Islam Modern, Ciputat Press, Jakarta, 2003, page 43
a) Marriage Census
To get legalization for government so marriage must be noted to
institution in charge. In Iran, people who impinge this rule will be
punished in jail as long as one up to six month.38 39
The rule o f marriage census is administratively. It means,
although the marriage is not noted to the institution in charge, the
marriage remain legal in Islam but not to government.
b) Marriage in early age
In Iran, minimum age that allows conducting marriage is 18
years old for males and 15 years old for females. For ones who marry
ones under minimum age for marry can be punished between six
month until two years in jail. Moreover, one who prohibits this rule
must pay demand 2-20 Realr'9
c) Polygamy
Commonly, for male who want get wife more than one, he has
to ask permission to his first wife. In addition, he has to tell to his wife
candidate if he had a wife. In Iran, if one violates the law, the first wife
can force divorce to the court.
37 Isroqunajab, Op. C it, page 44
39
Beside that, a husband has to ask permission to the court and
before give a permission the court will investigates, does he can
support more than one wife, and does he can do justice to his wives. If
this rule was violated, husband will be punished as long as six month
until two years in the jail.40
3. South Yemen
a) Marriage Census
Nearly all of family law in the Muslim countries put to
compulsion marriage census, although in different intensity and
method. Most of countries decided that marriage census is just
administrative matter and does not related legalization of a marriage in
religion. In Yemen, marriage census influence to the legalization of
marriage, so that it is not administrative compulsoiy only.
b) Marriage Age
As the family law in the others countries South Yemen also
decided there is limitation of age minimal in marriage. It is 18 years
old for male and 16 for female. However, it is not related with
legalization of married agreement. It is just mentioned that it is that
needed to pay attention. This rule is just advisedly.
The age of bride candidate is also organized that age difference
between both brides is not allowed more than 20 years old, except if
bride candidate reached 35 years old.41 In conventional Fiqh expert's
view, there is no prohibition like the rule above. The reason that is
often used reference is marriage of Prophet P.B.U.H with Aisyah that
age difference among them is so far when married,
c) Polygamy
For husband who wants conduct polygamy, he has to get
permission from his first wife, even in some countries he has to ask
permission to the court. Next court will give permission for husband to
conduct polygamy by some reason. The reasons are:
1) Wife is barren that is stated by doctor and her barren is not known
before married. She cannot give child, even though children as next
generation for a family.
2) Wife defeat chronic diseases or spread diseases that medically it
cannot be cured and the diseases are hindering the continuity of
household life.
In South Yemen, allowance of polygamy is not related with
justice or ability to give basic necessities of life but it depend on there
is barrier to get health marriage.42
4. Republic Tunisia
a) Marriage age
Males and females in Tunisia can conduct marriage if they were
20 years old. With the rule either male or female who must be in 20
41 Saptoni, Hukum Keluargadi Yaman Selatan, Op. Cit, page, 74
41
years old to conduct marriage. So that if they in under 20 years old, for
female has to get permission from her guardian. If the guardian will
not give permission, the matter can be decided by the court.43 But in
1981, this rule change, it is for male can conduct marriage after
reached 20 years old and female reached 17 years old. For they who
do not reach age limitation, they have to get special permission from
court. This permission cannot be given if there is no strong reasons and
clear aim from male and female side. For marriage in early age, it
depends on permission from guardian. If guardian rejects to give
permission while they have aspired to marry, so court can be second
guardian to give permission and decide this problem.44
b) Polygamy
Based on the rules that is used in Tunisia, it prohibit husband
has wife more than one. Most of Tunisians reject the concept of
polygamy. People who against this rule will get jail punishment as
long as one year or pay demands for about 240.000 Malim.45
Law source for this interdiction that is used government of
Tunisia are; first, polygamy is like slavery that cannot be received by
most of people in everywhere. Second, the ideal concept of marriage is
monogamy.46
43 Zuhdi Rahmanto, Hukum Keluarga M am di Republik Tunisia, Op.Cit, page 87 44 Ibid, page 88
45Ibid, page 88
5. Morocco
a) Marriage Age
In Morocco, minimum age for people to conduct marriage is 18
years old for male and 15 years old for female. However, it is required
for permission for guardian cause commonly on that age they not yet
reached maturity.47 In law source of Islam either Hadits or Qur'an do
not organized certain age when people are allowed to conduct married.
Most of fiqh expert agree that baligh (maturity) is a qualification to conduct marriage. Imam Malik decided those 17 years old for either
male or female to be categorized maturity while Imam Syafi’i and
Hambali decided 15 years old. In this case, Morocco adopted form
Syafi’i and Hambali. Age limitation of 15 years old is lowest age
limitation, equal with is used in Turkey, Jordanian, and North Yemen.
b) Polygamy
Tunisia rejects the concept of polygamy absolutely, but not for
Morocco. Morocco allows and receives the concept of polygamy. As
the other Muslim countries, Morocco also decided some qualification
for husband before do polygamy. This qualification is organized in
marriage laws. They are;48 first, if a husband wants to polygamy, he
has to inform that he was in married status to next wife candidate.
Second, in the process of marriage agreement, bride may graft takliq
thalaq (addendum of divorce). If husband break this rule, so wife may
47 Atun Wardatun, Hukum Keluarga Islam di Maroko, Op.Cit, page 109
43
propose divorce suing to the judge. Third, if the second marriage
caused first wife is hurt (be miserable and poor) so judge can disperse
their marriage.
6. Algeria
a) Marriage Age
In law of marriage in Algeria was decided age marriage for male
is 21 years old and 18 years old for female. This age marriage is high
enough than age marriage in the other Muslim countries.
Either Al-Quran or Hadits does not explain explicitly to decide
age limitation in marriage. Most of Fqh expert also do not give this
rule. That is became a qualification is baligh (maturity). In this case Maliki decide 17 years old. However, marriage under 17 years old is
lawful, if it brings goodness for bride, bridegroom, and surrounding
. 49
society.
Certainty of marriage age in Algeria is pure of sociologic
considerations factor, because this certainty is not taken from mazhab's
(sect) view outside of Maliki. The second position of sect in Algeria is
Hanafi after Maliki. Hanafi sect decided age of maturity is 18 years old
for male and 17 years old for female. So Algeria does reformation in
decide age marriage limitation, it is out of the opinions from the sect,
then makes a new law decision through Ijtihad (judgement). The rule
