Muslim Marriage Contract
Muslim Marriage Contract
Question:
What is the law of contract marriage?
Answer:
preliminary
A man's sexual desire (lust) is a natural thing, that is a natural thing that has been established by God to humans (See QS Ali ‘Imran [3]: 14). It's just that, humans need to pay attention and be careful how they channel sexual desire. Because humans are given a choice in the form of two paths by Allah SWT, namely the path that is lawful and the way that is haram (See QS Al Balad [90]: 10; QS ِ Ash Sham [91]: 8).
The lawful way is through a legal marriage between a man and a woman. This is the only legitimate way according to Islamic sharia and blessed by Allah for a man to channel his sexual lust to a woman. On the other hand, an unclean road is a path that deviates from Islamic sharia and is not blessed by Allah. There are many kinds of bad paths, such as adultery, lesbianism, and homosexuality. One form of adultery that is quite widespread today is what is called the term "contract marriage", which is a marriage that lasts for a certain period of time, for example a day, two days, a week, etc. in exchange for a sum of money for women.
What and what is the marriage contract? How is the contract marriage in the view of Islamic law? This is the theme that will be discussed in this short article.
What Is a Marriage Contract?
Contract marriage is similar to a house contract. If a person contracts a house, it is clearly not forever, but only for a certain period of time, for example, one year. And of course there is a certain amount of money that must be paid to the homeowner, for example Rp. 10 million per year.
Such is also called contract marriage. Marriage, called marriage contract, only lasts for a certain time, for example, a month, two months, a year, and so on. And in order to be able to marry the contract, there is a certain amount of money that must be paid by the man to the woman. This payment is mainly in the form of dowry (dowry), for example IDR 50 million. Also included are other living costs, such as the cost of daily meals, housing, and so on. So, whose name is contract marriage is a marriage that only lasts for a certain period of time, in exchange for a sum of money received by the woman.
In Indonesia lately such contract marriages are quite widespread. Some regions that mate their contracts are quite widespread in the areas of Cianjur (West Java), Singkawang (West Kalimantan), and Jepara (Central Java). However, the phenomenon of contract marriages also occurs abroad, as is the case with female workers (TKW) from Indonesia in Malaysia.
In Cianjur, for example, many contract marriages occur in the Cipanas and Puncak areas, which include the Bogor Regency region. Most of the perpetrators are male tourists from Arab countries, such as Saudi Arabia, Kuwait, Iraq, also from Turkey. The women came from remote villages in the Bogor Regency area, such as the Cisarua village, Tugu Selatan Village, Tugu Utara, in Cisarua District. These women generally do not look for their own male partners, but there are some broos / brokers or matchmakers who connect them with male tourists from Arabia.
Women who are prepared to marry contracts are generally selected from families with low economic levels. With the lure starting from Rp. 5 million to Rp. 20 million offered by brokers, parents are willing to give up their daughters to be married by foreign tourists, even if only in between two to three months, or as long as the tourists are on holiday in Indonesia. in the holiday season, namely May and June which is known by the population as "the Arab season." (megapolitan.kompas.com)
Not only domestically, marriage contracts also occur abroad. In Malaysia, for example, cases of contract marriages among migrant workers from Indonesia usually occur with husbands who are not from Indonesia. This prospective husband also works as a contract labor in Malaysia. The marriage contract is carried out in mosques with priests or rulers from Indonesia. The agreement is agreed upon by both parties before, in accordance with the economic capabilities of the prospective husband. Marriage of this contract ends if one of the husband or wife returns to his home country because the visa and work permit in Malaysia are over. (bureaucracy.kompasiana.com)
The process of marrying a contract is similar to a marriage contract in general. There are witnesses and there is a prince, there is also a permit and a decree, including a dowry prepared at the time of consent. This is what distinguishes marriage contracts with prostitution (prostitution), because in prostitution there are no ceremonies such as generally marriage contracts, such as witnesses, rulers, and so on. However, contract marriage has a clear distinction from ordinary marriage, namely contract marriage only lasts for a certain period of time, for example a month. If this month is up, then the contract marriage partner will automatically divorce. Whereas in ordinary marriages, the time period is not determined but lasts forever.
Why does contract marriage occur in Indonesia? Of course there are many factors. In addition to material factors (money) and lust factors, there is also a factor in the loosening of the legal system in Indonesia. According to the law in force in Indonesia, the marriage mate is not considered to violate the law, because the contracted marriage partner is considered to have carried out a real marriage contract consciously and on a liking basis. Usually what is reported to the police is not the case of the marriage of the contract itself, but other things that occur during the marriage contract. For example, when there was a case the husband beat his wife, or the wife demanded because the payment promised by the husband was lacking, and so on.
Marriage of a Contract in Islamic Sharia
Contract marriage in Islam is referred to as nikah mut'ah. The law is illegitimate and the marriage contract is invalid or null and void. This is the same as people praying without ablution, so the prayer is invalid or null. Not accepted by Allah SWT as worship. Likewise, the person who marries the marriage contract contract is illegal or invalid, and is not accepted by Allah SWT as a worship service.
Why are marriage contracts not valid? Because the texts in the Qur'an and Al-Hadith about marriage do not link marriages to a certain period of time. Marriage in the Qur'an and Al-Hadith in terms of time is absolute, that is to say for a period of time, not for a temporary period. Therefore, making a marriage contract that only lasts for a certain period of time is not legal, because it contradicts the verses of the Qur'an and Al Hadith which do not mention the time limit at all.
Keep in mind there are Islamic laws that are associated with a period of time, for example the period of repayment of accounts payable (QS Al Baqarah: 282); also the iddah period, which is the waiting period for divorced women (QS Al Baqarah: 231). Islamic law related to this time, the implementation will automatically end if the time period is complete. But Islamic law regarding marriage is not associated with a period of time at all. We can prove it by reading verses that discuss marriage, such as QS An Nisaa:: 3; QS An Nuur: 32; etc. These verses about marriage do not mention the time period at all. So marriage in Islam in terms of time is absolute, that is not done temporarily but forever (eternally).
In addition to the verses of the Qur'an, the prohibition of contract marriage is also based on the hadiths which forbid marriage contracts (marriage mut'ah). Indeed, contract marriages have been allowed for a while in the early days of Islam, but this ability was later abrogated (deleted) by the Prophet Muhammad during the Khaibar War so that the legal contract marriage was prohibited until the Last Day. Rasulullah SAW said, "O people, I once allowed you to marry a contract (mut'ah). And in fact Allah has forbidden it until the Day of Judgment ... (HR Muslim). Ali bin Abi Talib RA once said to Ibn Abbas RA, "During the Khaibar war, the Prophet Muhammad forbade the marriage of the contract (mut'ah) and (also prohibited) eating himar meat (donkey) tame." (Narrated by Bukhari and Muslim).
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It is clear that the marriage contract is illegal. Therefore, the person who marries the contract is not actually married lawfully, but has committed adultery which is a major sin in Islam. Na'uzhu billahi min dzalik. Allah SWT said (which means), "And do not approach adultery, actually adultery is a very cruel act and a bad way." (Surat al Israa '[17]: 32).
Let us all be able to choose the right path and be blessed by God in channeling our sexual desires, namely legal marriages, not marriages by contract marriage. Even if the contract marriage can produce material (money) and enjoyment, remember that only for a moment in this mortal world. The result in the afterlife is not heaven, but hell. Keep in mind the words of the Prophet Muhammad (PBUH), "The ones who put humans most in hell are two holes, namely the mouth and the genitals." (Tirmidhi, no. 2072, saheeh hadith). Wallahu A'lam.
Question:
What is the law of contract marriage?
Answer:
preliminary
A man's sexual desire (lust) is a natural thing, that is a natural thing that has been established by God to humans (See QS Ali ‘Imran [3]: 14). It's just that, humans need to pay attention and be careful how they channel sexual desire. Because humans are given a choice in the form of two paths by Allah SWT, namely the path that is lawful and the way that is haram (See QS Al Balad [90]: 10; QS ِ Ash Sham [91]: 8).
The lawful way is through a legal marriage between a man and a woman. This is the only legitimate way according to Islamic sharia and blessed by Allah for a man to channel his sexual lust to a woman. On the other hand, an unclean road is a path that deviates from Islamic sharia and is not blessed by Allah. There are many kinds of bad paths, such as adultery, lesbianism, and homosexuality. One form of adultery that is quite widespread today is what is called the term "contract marriage", which is a marriage that lasts for a certain period of time, for example a day, two days, a week, etc. in exchange for a sum of money for women.
What and what is the marriage contract? How is the contract marriage in the view of Islamic law? This is the theme that will be discussed in this short article.
What Is a Marriage Contract?
Contract marriage is similar to a house contract. If a person contracts a house, it is clearly not forever, but only for a certain period of time, for example, one year. And of course there is a certain amount of money that must be paid to the homeowner, for example Rp. 10 million per year.
Such is also called contract marriage. Marriage, called marriage contract, only lasts for a certain time, for example, a month, two months, a year, and so on. And in order to be able to marry the contract, there is a certain amount of money that must be paid by the man to the woman. This payment is mainly in the form of dowry (dowry), for example IDR 50 million. Also included are other living costs, such as the cost of daily meals, housing, and so on. So, whose name is contract marriage is a marriage that only lasts for a certain period of time, in exchange for a sum of money received by the woman.
In Indonesia lately such contract marriages are quite widespread. Some regions that mate their contracts are quite widespread in the areas of Cianjur (West Java), Singkawang (West Kalimantan), and Jepara (Central Java). However, the phenomenon of contract marriages also occurs abroad, as is the case with female workers (TKW) from Indonesia in Malaysia.
In Cianjur, for example, many contract marriages occur in the Cipanas and Puncak areas, which include the Bogor Regency region. Most of the perpetrators are male tourists from Arab countries, such as Saudi Arabia, Kuwait, Iraq, also from Turkey. The women came from remote villages in the Bogor Regency area, such as the Cisarua village, Tugu Selatan Village, Tugu Utara, in Cisarua District. These women generally do not look for their own male partners, but there are some broos / brokers or matchmakers who connect them with male tourists from Arabia.
Women who are prepared to marry contracts are generally selected from families with low economic levels. With the lure starting from Rp. 5 million to Rp. 20 million offered by brokers, parents are willing to give up their daughters to be married by foreign tourists, even if only in between two to three months, or as long as the tourists are on holiday in Indonesia. in the holiday season, namely May and June which is known by the population as "the Arab season." (megapolitan.kompas.com)
Not only domestically, marriage contracts also occur abroad. In Malaysia, for example, cases of contract marriages among migrant workers from Indonesia usually occur with husbands who are not from Indonesia. This prospective husband also works as a contract labor in Malaysia. The marriage contract is carried out in mosques with priests or rulers from Indonesia. The agreement is agreed upon by both parties before, in accordance with the economic capabilities of the prospective husband. Marriage of this contract ends if one of the husband or wife returns to his home country because the visa and work permit in Malaysia are over. (bureaucracy.kompasiana.com)
The process of marrying a contract is similar to a marriage contract in general. There are witnesses and there is a prince, there is also a permit and a decree, including a dowry prepared at the time of consent. This is what distinguishes marriage contracts with prostitution (prostitution), because in prostitution there are no ceremonies such as generally marriage contracts, such as witnesses, rulers, and so on. However, contract marriage has a clear distinction from ordinary marriage, namely contract marriage only lasts for a certain period of time, for example a month. If this month is up, then the contract marriage partner will automatically divorce. Whereas in ordinary marriages, the time period is not determined but lasts forever.
Why does contract marriage occur in Indonesia? Of course there are many factors. In addition to material factors (money) and lust factors, there is also a factor in the loosening of the legal system in Indonesia. According to the law in force in Indonesia, the marriage mate is not considered to violate the law, because the contracted marriage partner is considered to have carried out a real marriage contract consciously and on a liking basis. Usually what is reported to the police is not the case of the marriage of the contract itself, but other things that occur during the marriage contract. For example, when there was a case the husband beat his wife, or the wife demanded because the payment promised by the husband was lacking, and so on.
Marriage of a Contract in Islamic Sharia
Contract marriage in Islam is referred to as nikah mut'ah. The law is illegitimate and the marriage contract is invalid or null and void. This is the same as people praying without ablution, so the prayer is invalid or null. Not accepted by Allah SWT as worship. Likewise, the person who marries the marriage contract contract is illegal or invalid, and is not accepted by Allah SWT as a worship service.
Why are marriage contracts not valid? Because the texts in the Qur'an and Al-Hadith about marriage do not link marriages to a certain period of time. Marriage in the Qur'an and Al-Hadith in terms of time is absolute, that is to say for a period of time, not for a temporary period. Therefore, making a marriage contract that only lasts for a certain period of time is not legal, because it contradicts the verses of the Qur'an and Al Hadith which do not mention the time limit at all.
Keep in mind there are Islamic laws that are associated with a period of time, for example the period of repayment of accounts payable (QS Al Baqarah: 282); also the iddah period, which is the waiting period for divorced women (QS Al Baqarah: 231). Islamic law related to this time, the implementation will automatically end if the time period is complete. But Islamic law regarding marriage is not associated with a period of time at all. We can prove it by reading verses that discuss marriage, such as QS An Nisaa:: 3; QS An Nuur: 32; etc. These verses about marriage do not mention the time period at all. So marriage in Islam in terms of time is absolute, that is not done temporarily but forever (eternally).
In addition to the verses of the Qur'an, the prohibition of contract marriage is also based on the hadiths which forbid marriage contracts (marriage mut'ah). Indeed, contract marriages have been allowed for a while in the early days of Islam, but this ability was later abrogated (deleted) by the Prophet Muhammad during the Khaibar War so that the legal contract marriage was prohibited until the Last Day. Rasulullah SAW said, "O people, I once allowed you to marry a contract (mut'ah). And in fact Allah has forbidden it until the Day of Judgment ... (HR Muslim). Ali bin Abi Talib RA once said to Ibn Abbas RA, "During the Khaibar war, the Prophet Muhammad forbade the marriage of the contract (mut'ah) and (also prohibited) eating himar meat (donkey) tame." (Narrated by Bukhari and Muslim).
Cover
It is clear that the marriage contract is illegal. Therefore, the person who marries the contract is not actually married lawfully, but has committed adultery which is a major sin in Islam. Na'uzhu billahi min dzalik. Allah SWT said (which means), "And do not approach adultery, actually adultery is a very cruel act and a bad way." (Surat al Israa '[17]: 32).
Let us all be able to choose the right path and be blessed by God in channeling our sexual desires, namely legal marriages, not marriages by contract marriage. Even if the contract marriage can produce material (money) and enjoyment, remember that only for a moment in this mortal world. The result in the afterlife is not heaven, but hell. Keep in mind the words of the Prophet Muhammad (PBUH), "The ones who put humans most in hell are two holes, namely the mouth and the genitals." (Tirmidhi, no. 2072, saheeh hadith). Wallahu A'lam.
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