RELIGION Marriage without a guardian

Marriage without a guardian

Without the permission Wali WEDDING

If the guardian does not want to marry, must be seen first reason, whether the reason or reasons not syar'i syar'i. Syar'i reasons are reasons that justified by the law syara ', for example, girls are already spoken for carers of others and this proposal has not been canceled, or prospective husbands are unbelievers (eg religion Kriten / Catholic), or the wicked (eg adulterer and the like drunk), or have a disability that prevents his duties as a husband, and so forth. If guardians refuse to marry their daughter based on syar'i reasons like this, then the trustee shall be obeyed and kewaliannya not transferred to another party (trustee of judges) (See HSA Alhamdani, Proceedings of Marriage, Jakarta: Pustaka Amani, 1989, pp. 90-91)

If a woman forced to marry under these conditions, the illegitimate illegitimate akad aka vanity, although he was married by a judge guardian. For real kewaliannya rights remain in the hands of the woman's guardian, the guardian is not passed to the judge. So the woman was tantamount to marriage without a guardian, the illegitimate vanity. Word of the Prophet SAW, "No [legal] marriage except with a guardian." (Narrated by Ahmad; Subulus Greetings, III/117).

But sometimes the guardian refused to marry for reasons that are not syar'i, ie reasons that are not justified syara law '. For example prospective husband is not from the same tribe, the poor, not a scholar, or faces are not personable, and so forth. These are the reasons that has no basis in Islamic view, it is not considered a reason syar'i. If the guardian does not want his daughter to marry for reasons that are not syar'i like this, then the caregiver called guardians' adhol. Meaning 'adhol, said Shaikh Taqiyuddin An-Nabhani, is blocking a woman to marry if the woman has demanded marriage. This act is unlawful and perpetrators (guardian) is wicked (Taqiyuddin An-Nabhani, An-Nizam al-Ijtima'i fi Al-Islam, pp. 116). Almighty Allah says:

فلا تعضلوهن أن ينكحن أزواجهن إذا تراضوا بينهم بالمعروف ذلك يوعظ به من كان منكم يؤمن بالله واليوم الآخر ذلكم أزكى لكم وأطهر والله يعلم وأنتم لا تعلمون (232)

"Thou shalt not (the trustees) prevents them from going to marry again with her husband [146], if there is willingness to have them in a way that ma'ruf. That is advised to people who believe in Allah and the Last Day of you. is better for you and more pure. Allah knoweth, ye know not. "(Sura Al-Baqarah: 232)

If the guardian does not want to marry under these circumstances, the rights passed to the trustee kewaliannya judges (Imam Ash-Shirazi, al-Muhadzdzab, II/37; Abdurrahman Al-Jaziri, al-Fiqh 'ala al-Madzahib Al-Arba'ah, IV/33). This is based on the word of the Prophet SAW, "... if they [the trustee] disagree / argue [do not want to marry], then the ruler (al-sultan) is a trustee for those [women] who have no guardian." (Arabic: ... fa in isytajaruu as-sulthaanu waliyyu fa man laa waliyya lahaa) (Narrated by al-Arba'ah, except An-Nasa `i. saheeh hadeeth is considered by Ibn 'Awanah, Ibn Hibban, and Al-Hakim, Subulus Salam, III/118) .

Referred to as the guardian of judges, is the guardian of the ruler, who in the hadeeth mentioned by al-sultan. Imam Ash-San'ani in his book Subulus II/118 Salam explained that the definition of as-sultan in the hadith, is a person who holds the power (rulers), whether he was unjust or unfair (Arabic: al-Amr ilayhi man, JAA `iran kaana aw 'aadilan). So, understanding as-sulthaan here understood in its general sense, that is the guardian of every ruler, whether it was unjust or unfair ruling. (Not just from the unjust ruler). Thus, although the despotic ruler today, for not running the Islamic laws in society and state, is legal guardian of judges, during the fixed run syara laws' in matters of marriage. Thus our understanding, Allaah knows best.

To get a guardian judge, come to the Head of KUA Kecamatan prospective brides place to live. This is because in Indonesia since January 14, 1952 under Government Regulation No. 1 In 1952, the guardian of judges conducted by the Head KUA District, held by the Naib who performs marriage records in their respective regions. This rule applies to Java and Madura. As for outside Java and Madura, regulated by Government Regulation no. 4 Year in 1952 and came into effect starting on July 1, 1952 (See HSA Alhamdani, Proceedings of Marriage, Jakarta: Pustaka Amani, 1989, pp. 91)

Wali TERMS AND WITNESSES WITHOUT WEDDING

Guardian in marriage is the first party in aqad marriage, because who has the authority to marry the bride, or who do consent. Who's the bridegroom will be the second party, or who do qabul. Guardian is a legal requirement wedding girls without marriage is not legal guardians, except according to the Hanafi school of thought which says valid marriage without a guardian.

In a hadith saying "more entitled to the widow herself and the girl who married her father only" (HR Daru Quthni). In the hadith of Ibn Abbas, "There is no valid marriage without a wali" or "Marriage is not valid without a guardian." (H. R. Ahmad and Sunan Ashab). The order of guardians is as follows:
1. Father
2. Grandfather (father's father)
3. Brother venter
4. Brother sebapak (other mothers)
5. Sons biological brother (nephew)
6. Her son's brother sebapak 7. Uncle (father's brother venter)
8. Uncle (father's brother sebapak)
9. Boys from uncle six numbers in this sequence
10. Boys' uncle lakidari number 7 in this order if all the mayor did not exist then the guardian is the government (in this case KUA).

Maliki schools allow guardians "kafalah" namely guardianship arose because a man who bears and educate women who do not have parents anymore, so he seems to be a parent woman.

Guardians should also be represented, as well as the men also may mewakilan in performing marriage ceremony. Way with words could represent, for example, his deputy mayor, told "I represent the fulanah guardianship to a relative in marriage to the So and so", or can also use a letter written by representatives. Letters representatives will be better sealed by law. In mewakilan not required to use the witness.

Please note that in Islamic law there is a rule which says "All transactions must be done alone, it may be delegated to others, if the transaction is allowed to be represented." The trustee is a trustee A'dhal who refused to marry his daughter for some reason. If those reasons are persecuted, for example with no reason but the mayor refused to marry the perwaliannya forcibly taken over by the government, and governments that marry the woman. A non-Muslims can not become the guardian of Muslim, the Muslim guardians who sought the order above. If there is no government that succeeded it, in this case KUA.

Before the authors put forward the terms of marriage without a guardian and witness of this, first author would convey two main points. First, that marriage without a guardian and a witness called by the term marriage party mut'ah scholars. This term is based on the opinion of Ibn Abbas who said that marriage without a guardian and a witness is called marriage mut'ah.

Meanwhile jumhur mut'ah scholars define marriage, namely marriage aqad determined by a certain time limit is accompanied by lafadh mut'ah, when the predetermined time limit had expired and may even fall talaq wife to husband is still heavy. There is also an unconditional aqad marriage guardians and witnesses, namely in the schools of al-Dhohiry. So if we follow the opinion of the scholars jumhur wedlock mut'ah with existing schools of al-Dhohiry technical differences, the purpose and terms. Therefore, the discussion will be divided into two, namely marriage and marriage in the schools of mut'ah Al-Dhohiry.

The second thing the author wants to convey is, to obtain data from the requirements of this marriage, the author also conducted interviews with several prominent fiqh (kyai), given the difficulty of obtaining data from books other than the four schools in Indonesia are predominantly Shafi'i bermadzhab. Nail in the book of Al-Authar, encountered some of the following conditions:
1) Aqad held by shighot mut'ah marriage.
2) Assigned time, for example a month, two months and beyond.
3) Women should be a widow, is for women who are still girls then there shall be a guardian.
4) In an environment far from family (wife), for example, go to another area in a series of business, serving as a soldier and so forth.
5) There is a concern to commit adultery because of the number four, or because their wives are unable to meet obligations as a wife because haidl irregular and so forth.
6) Does not inherit each other, and no dowry (mahr).
7) Perform i'lan or notification of at least 40 people in the area of his residence or in other areas.

Thus the results of the book Nail Al-Authar vol 9, chapter mut'ah marriage. In the Book of Al-Mujtahid Bidayat, found one other requirement, ie should be toned up with at least a kind of art drum (flying-Indonesia).

In conclusion, that the requirements of wedlock mut'ah scattered in various books which are only trajectories opinion or disclaimer of the author of a book. These conditions are:
1) Aqad held by shighot mut'ah
2) Determined era
3) There's dowry (mahr)
4) Does not inherit each other
5) In an emergency
6) held by a crowd Aqad
7) There is concern commit adultery
8) Must do i'lan (notification) to the person at least 40 people, both in their homes in other areas ataupaun
9) Women (wives) status as a widow ('ve never married). As for peace-rukunnya is the bride memperlai men and women.

That the terms and harmonious marriage mut'ah. Regarding the terms and harmonious marriage in Al-Dhodiry schools do not have a widow, with shighot aqad marriage / zawaj, inherit one another as usual, not determined by time, not dependent on the state of emergency, should not toned, not in fear commit adultery, do not have status widows, there mahr (dowry). Palma-rukunnya same as above. Thus in the book written by followers of al-Muhalla Al-Dhohiry, Ibn Hazm. And Allaah knows best. (Marhadi Muhayar).