Dr. Ahmad Mukri Ajie KH MA: Protect Marriage Women's Rights Record

Now, more and more encountered cases of marriage or wedlock secretly in our society Sirri. The culprit, of those who remained took shelter in her parents' house, to figure publik.Padahal, Prophet Muhammad had warned in his saying that marriage be socialized to many audiences. A'linuu hazannikah wadhribuuhu bidh-dhufuf, announced the marriage should be with you all this and let you celebrate by beating dufuf (a type of tambourine). According to Dr. Ahmad Mukri Ajie KH MA, School and chairman of the Department of Comparative Law, Faculty of Sharia, Syarif Hidayatullah State Islamic University Jakarta, with the socialization, the social status of both parties can be understood. ''That's how Islam wants couples to have sacred values, commendable, and excellent in the midst of a community,''explained postgraduate lecturer Ibn Khaldun University, Bogor, this.

Can you explain what exactly is the definition of marriage Sirri it?

Before I explain the understanding of marriage Sirri, we need to first understand the concept of marriage in Islam. Allah wants his servants to distribute biological needs through legal procedures, namely through the process akdun marriage (ceremony marriage ceremony). Marriage in Islam is so very sacred. What actually want Islamic law? Is to protect the rights of each party, let alone both of husband and wife, and extended family from both sides. So that there be no process consent granted, which is the implementation of the full submission of a guardian, in this case the biological father or his representative, that he had been taking care of the minor, and would be submitted after the great from head to toe to prospective husbands.Consent granted were not playing around. Hence, ayyakunal aqdu mubasyaratan, let the contract is done directly.

Then there are the witnesses. What we perceive of the two witnesses is Islam wants socialized marriage ceremony is not the only two witnesses who know. The meaning of the two witnesses in marriage fair, not wicked, he will give to the other party is concerned that this was the husband of the wife so that others who try to enter, are not eligible because it was closed. About obligation mensiarkan marriage?

So there is called the Shahadah, which in essence is i'lan. Prophet Muhammad said Aisha RA narrated, a'linuu hazannikah wadribuhu bidhufuf, which means it should be with you all socialize this marriage and you should celebrate by beating dufuf (a kind of tambourine, red) and others. So, for mensyiarkan.

Broadcast the marriage absolutely must be done?

Yes. This means that social status is concerned it is understood. Oh, yes, he has conducted the marriage ceremony. In addition to his extended family are also community environment. As soon as Islam wants a servant or a married couple has a sacred value, commendable, excellent in the midst of a community.

And the hadith about walimah there. Awlim bisy-syatin though, you should do walimah even if only to slaughter a goat. That nature sunna but what we perceive is the meaning of socialization and people understand. So what is the motive of marriage Sirri really?

In the book Bidayatul Mujtahid, Ibn Rushd has tried to clarify about the marriage Sirri. Citing the views of Imam Malik, this marriage is a marriage where the husband was to ask the witness who saw it to not announce it, or hide it. This is a problem.So, is there something that could be suspected of bad faith.

What's going on there?

This is something that would hide, afraid known by one or several parties to become a disgrace. So that the Marriage Law of the Republic of Indonesia No. 1 in 1974 in an article called, the marriage must be recorded. Marriage contract which is the inner and outer bond that must be accounted for in accordance with the message of Law. So, there is the value of his maslahatul mursalah there.

What is the benefit of registration of the marriage?

Benefit to the public, meaning that women be protected against their human rights is concerned, it is not abused. For according to the positive law of Indonesia, Sirri marriage was not recognized at all. The existence of a legally recognized marriage only if it is recorded by a designated officer. So, in the structure's Office of Religious affairs official records exist Marriage (VAT) which we call the prince. Headman was responsible for the record, not married. Sometimes there is a misinterpretation that the prince was married. But, he can also act as a guardian when the guardian submit naibul to lead kewaliannya it. But there must be a handover from the true guardian. He can not himself become trustee mengagkat. Moreover, other parties are trying to position himself as the prince that does not exist as the prince of his decision letter.

What are the negative effects of marriage Sirri?

I think a lot of negative impacts in addition to the rights of women did not exist as a wife who married Sirri or under the hand or their descendants. The child will not inherit because there is no authentic data that states are concerned the children of so and so. Actually, if he is consistent and istikamah against the teachings of his religion, marital Sirri need not exist. First he was not entitled. Second, the legal effect of what he was doing. Turned out to be persecuted from the human rights of women. Women who are already weak and then weakened again. He is also unjust to his son the marriage.

There are provisions that prohibit marriage Sirri religion?

In fact, Imam Malik, Shafi'i and Abu Hanifah, understand a'linu hazannikah as socialized marriage. It has a very broad meaning. Among others, eliminate the negative image of the other party. It is desired by Islam, when married, obviously illegitimate. I think each of these legal actions should be realized exactly what its impact. Beneficiaries are not for themselves and others.

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