Every one wish to have a long lasting marriage, but when things are not working, then you should know what to do to end what you started. In general, divorce and marital dissolution have been governed by the 1974 Marriage Act and its implementation rules.
Divorce petition must be filed at local district court for Non-Moslem, and local Religious Court for Moslem. There are certain marital dissolution reasons according to 1974 Marriage Law and Islamic Law, they are:
- the marriage guardian is illegal; or
- the marriage is not attended by two witnesses.
The right to annul a marriage by a husband or wife based on such reasons becomes null and void if they live together as a married couple and can show the marriage certificate issued by the unauthorized officer of marriage registry and the marriage has to be renewed in order to make it legal.
if the marriage was conducted before an unauthorized officer of marriage registry;A husband or wife may request for marriage annulment if the marriage was conducted under a threat that violates the law or there is misunderstanding on the husband or wife. His/her right will be null and void if the threat has been stopped or the misunderstood party realizes the situation, and within six (6) months after living as married couple and doesn't use his/her right to request for marriage annulment.
Annulment of a marriage commences as of the court decision has had a permanent legal binding and applies as of the time of marriage was conducted. However, such decision is not retroactively effective to:
- children born from the marriage;
- husband or wife acting with good intention, except for the collective wealth, if the annulment is based on the previous marriage;
- a third party so long as he/she has the rights with good faith.
Islamic LawIn Islam, a marriage may be terminated due to several reasons, namely:
- Death to either party;
- Thalak;
- Judge's Decision;
- Fasakh;
- Khulu;
- Li'an;
- Ila';
- Zihar;
- Murtad (apostate).
When a husband or wife passes-away, their marriage is automatically terminated. When a wife passes-away, her husband doesn't have any difficulty to marry another woman. But, when a husband deceases, his wife has to wait for four (4) months and 10 days before she can marry another man.
Literally,
thalak means to release (abandon). According to the term, thalak is to release a woman from their marriage.
Thalak or divorce is the right given to a man. In Islam, the divorce law has been stipulated, but it is accompanied by the explanation from the Prophet Mohammad that God doesn't like divorce.
Divorce through judge's decision may be due to several reasons, such as, among others, that the husband is unable to provide the basic necessity of life, the husband commits torture to his wife, the husband vanishes (being far away from or not being near his wife), and the husband is serving a term in prison.
Fasakh is the cancellation of marriage agreement (
akad) and the termination of marriage between a husband and wife due to damage taking place in the marriage agreement (
akad) or due to a reason suddenly coming that may hamper the continuation of the marriage agreement (
akad). For instance, it is due to the family relationship. It will make the marriage agreement (
akad) annuled.
Khulu' is a divorce given by a husband to his wife with payment to the wife. Khulu's is required by Islam for balancing the thalak right for a husband when there is a hatred that cannot be settled peacefully.
A marriage may be terminated due to
li'an, because the person making the l
i'an in the fith oath said that God's curse upon him/her if he/she is a lier. As a result of
li'an, the marriage is terminated forever. If the accusing husband denies the birth of a child by saying that the child is not his, the child is not the offspring of her former husband any longer, but illegitimate child and becomes the child of former wife he accused. The child cannot inherit from his/her father (the accusing husband). If the child is female, her guardian is a judge of justice if she will marry someone.
Ila' is a husband oath that he will not have sexual intercourse with his wife. If a husband no longer like his wife and he also refuse if his wife marries another man, the husband swears that he will not have sexual intercourse with his wife. This is a habit originating from Arab. In line with Islam development, the swearing husband is given time for four (4) months. When the four (4) months period is over, the husband may choose to have sexual intercourse with his wife again or to divorce her. If the husband chooses the former, he must pay a fine (
kifarat). But if he fails to make decision, a judge will divorce the wife on behalf of the husband.
Zihar is meant that a husband no longer wants to have sexual intercourse with his wife by saying: "To me you are like my mother's back." This is a habit of the Arabs. However, in line with Islam development, this bad habit is reduced by requiring the husband to pay fine (kifarat) in the form of releasing a slave, or by having satisfaction for two consecutive months or by feeding 60 poor people; if the husbands wants his wife back.
Murtad (apostate) is when a Moslem abandon Islam. If a husband or wife is apostate, their marriage is terminated due to such apostate.
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