Have you ever heard the term mut’ah marriage?? This concept may be familiar to some people. Whether through movies, news, or even stories from friends, it often causes debate. But what exactly is mut’ah marriage? How does Indonesian law view this practice? Is it allowed or is it prohibited?
This time, we will explore the legal aspects of this marriage practice in Indonesia from various perspectives, from state law, religious views, to social and cultural aspects. With this approach, we hope that you will better understand the intricacies of this matter and what the legal status is in Indonesia. Get ready, let’s take a look!
What is it Mut’ah Marriage?
Before we discuss the ruling, let’s get acquainted with the concept of mut’ah marriage. In simple terms, this is a marriage that lasts for a certain period of time. So, once the period of time that both parties have agreed upon is up, the marriage is automatically over. So, it can also be similar to a lease.
The concept of mut’ah marriage has actually existed since ancient times. However, in Indonesia, many consider this marriage practice to be controversial and there are also many debates.
Why is it not recommended?
Well, now we get to the most interesting part, which is the reason why this marriage practice is not recommended and even prohibited in Indonesia. You must be curious, right? Let’s go through the main reasons one by one to understand better!
Contrary to Islamic Law
So, the majority of scholars agree that this marriage practice is haram. Why? Because there are arguments in the Al-Quran and hadith which are the basis of the law. Not a few scholars say that this marriage is not in accordance with the principles of marriage in Islam, which must last for the long term, not temporarily.
Contrary to the Marriage Law
If we look at state law, there is Law No. 1/1974 on Marriage which stipulates that marriage must be based on mutual consent, legal according to religion, and aims to form a happy and lasting family.
Well, mut’ah marriage This clearly doesn’t meet those criteria, as it’s temporary. So yes, it’s no surprise that it’s banned by the state as well.
Potentially Harmful to Women
This is also a reason that cannot be overlooked. This marriage is often considered by many to be detrimental to women. This is because the status of the couple is unclear and they do not have strong legal protection.
In addition, women may become victims of sexual exploitation. Very dangerous, isn’t it?
Negative Impacts that Exist
These short-term marriages may sound “practical” at first, but unfortunately, this practice has various negative impacts that cannot be ignored. You need to know more about the problems that can arise from this marriage concept!
Defaming Religion
The practice of marriage is often misused by some individuals for personal gain. This of course has the potential to tarnish the good name of Islam, as people can be misled into thinking that this practice is widely permitted, when in fact it is not.
Causing Social Problems
Imagine if suddenly many were caught up in divorce, discord, or even domestic violence as a result of marrying on a whim. The social impact could be dizzying! Instead of strengthening bonds, marrying with this concept can actually trigger various conflicts that ultimately harm many parties.
Threatening Family Stability
The practice can also pose a serious threat to family stability. Because of their temporary nature, these relationships are often not built on strong foundations. As a result, the family becomes vulnerable to division and loss of direction in the future.
Same or different from contract marriage?
Often, mut’ah marriage is equated with contract marriage. In fact, both have differences. Contract marriage refers more to a written agreement that regulates the rights and obligations of both parties in a relationship. Meanwhile, mut’ah marriage emphasizes more on the religious aspects and status of marriage.
However, both mut’ah and contract marriages are considered invalid and contrary to Indonesian law.
What are the legal sanctions?
Now, let’s talk about the legal sanctions. It’s not just a contract marriage and that’s it. There are consequences that can be imposed on those involved in this marriage practice. These sanctions can be criminal or civil, depending on how big the offense is. Here are more details!
Criminal
Be careful, don’t mess with the law! If you are proven to have committed a criminal offense, such as fraud or sexual exploitation in the context of mut’ah marriage, you can be caught by the criminal law. There are specific articles that can be used to ensnare perpetrators, and the consequences can be serious. So, apart from the moral issues, there is also a big legal risk.
Civil
For those of you who feel aggrieved in this marriage practice, take it easy. You have the right to file a civil lawsuit. You can ask for compensation for all existing losses. So, if you feel victimized, don’t hesitate to use this legal route. This point is often poorly understood, but very important to know.
So, it’s important for you to remember that although the concept of mut’ah nikah While this may sound appealing to some, the negative impacts are far greater, from a legal, social and religious perspective. In Indonesia, the law clearly prohibits this practice as it is incompatible with the values upheld in marriage, namely fidelity, sincerity and continuity.
If you or anyone close to you has heard of or even considered this practice, it’s best to consider the risks carefully. At the end of the day, marriage should be on a strong foundation, not just a temporary contract that can end just like that.
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