Betul Mas. Sekarang kita bicara kalau keadaannya normal-normal saja. Dalam arti semua kondisi yang ada dalam ta'lik talak itu telah terpenuhi oleh si istri untuk mengajukan khulu' (cerai). Tapi suami gak mau cerai. Ini akan makan waktu yang saaaaangat puanjang, ketimbang laki yang memutuskan talak! Begitu gak hukum disini?
Ato misalkan kondisinya terbalik, suami yang mau cerai tapi istri gak mau..apakah ini akan makan waktu yang panjang juga? wassalam, --- In [email protected], "Samudjo" <[EMAIL PROTECTED]> wrote: > Dalam prakteknya, pada saat akad nikah mempelai pria akan membacakan ta'lik > talak yaitu kondisi-kondisi yang mengizinkan sang isteri mengajukan talak > pada pengadilan agama > Tapi dalam perjalanan selanjutnya, wanita-wanita pencari keadilan akan tetap > bergantung kepada hakim-hakim pengadilan agama utnuk mendapatkan status > cerainya. > Salam, > Samudjo > ----- Original Message ----- > From: "Lina Dahlan" <[EMAIL PROTECTED]> > To: <[email protected]> > Sent: Thursday, May 26, 2005 9:07 AM > Subject: [ppiindia] Re: India's new marriage contract > > > > Kan dimata hukum (pengadilan) semua manusia dipandang sama? > > Jadi gpp dong? Ini kita bicara soal hukum didunia lho? terutama di > > Indonesia. > > > > wassalam dan salam, > > --- In [email protected], "givingnewhope" > > <[EMAIL PROTECTED]> wrote: > > > Lalu bagaimana dengan kasus isteri (baca:perempuan) menceraikan > > suami? > > > Untung saja belum sampe pada kasus perkosaan terhadap laki-laki > > oleh > > > para pejuang feminis.... hehehehe.... > > > > > > > > > > > > > > > --- In [email protected], "Lina Dahlan" <[EMAIL PROTECTED]> > > > wrote: > > > > Indonesia juga harus memperbaharui undang2 soal nikah or cerai > > neh > > > > biar lebih peduli ke nasib para kaum perempuan. Yang ada > > sekarang > > > > ini terlalu berpihak kepada laki-laki. > > > > > > > > Bukannya saya menyepelekan hukum yang telah ditetapkan imam 4 > > > > mazhab. Tapi hukum2 tsb itu memang bisa berlaku kalau laki- > > lakinya > > > > normal. Kalau laki-lakinya gak normal, ini bisa berakibat fatal > > > buat > > > > perempuan. > > > > > > > > Ato...mungkin di Indonesia ini sudah cukup baik perundangannya? > > > > hanya saja...lagi-lagi aparatnya yang mempersulit... > > > > > > > > gimana nih jurnalperempuan?? > > > > > > > > wassalam wr wb., dan salam > > > > > > > > --- In [email protected], Zamhasari Jamil <[EMAIL PROTECTED]> > > > wrote: > > > > > > > > > > India's new marriage contract > > > > > By Fatima J. Price-Khan > > > > > > > > > > Each religious group in India has the constitutional right to > > be > > > > governed by theocratic personal law in matters concerning > > family. > > > > This has been so since the British colonial era. In addition to > > > > common law, religious personal laws were codified to deal with > > the > > > > legal matters of India's extremely diverse population, though > > for > > > > most religious communities, personal law has undergone a lot of > > > > change over time. Historically, the British drafted personal law > > by > > > > consulting scholars from each religious group. Today, the body > > that > > > > sets such legislation for Muslims is the All India Muslim > > Personal > > > > Law Board (AIMPLB), which was established in 1972. The AIMPLB, a > > > > traditionalist ulema-oriented group, claims to interpret Islamic > > > > personal law in terms of what is mandated by their understanding > > of > > > > Shariat law. Taking the stance that they represent the diverse > > > > Muslim population in India regardless of region, sect, gender, > > or > > > > socioeconomic status, the AIMPLB has approved a final draft of > > what > > > > will > > > > > become a state approved standardized nikahnama, or marriage > > > > contract. The new nikahnama has been finalized after four years > > in > > > > the making, and will inform legal decisions with regard to > > > marriage, > > > > marital disputes, and divorce, so its contents are of great > > > > importance. > > > > > > > > > > AIMPLB initiated the drafting of the nikahnama with the > > intention > > > > of reducing what board members claim is a growing divorce rate > > > among > > > > Indian Muslims. South Asia, its ulema having developed its own > > > > distinct understanding of Hanafi based family law doctrines, has > > > > been one of the only places in the Muslim world where a > > husband's > > > > utterance of talaq thrice meant that the couple was irrevocably > > > > divorced. > > > > > > > > > > There are well known anecdotes and publicized cases about how > > > this > > > > understanding of divorce has caused gross abuses of women. For > > > > instance, a woman has no right to say whether or not she wishes > > to > > > > remain married, so by using a finite triple talaq, men have > > > > unilateral power over a divorce. Also, there have been many > > cases > > > of > > > > women living for years and years with husbands who frequently > > > triple > > > > talaq them during arguments, and since a triple talaq is legally > > > and > > > > culturally understood to be irrevocable even when uttered in > > anger > > > > or under intoxication, these women suffer mental torment because > > > > they perceive themselves to be living in zina, but don't leave > > > their > > > > husbands because of the stigma of being a divorcee. In addition, > > > > there have been cases where men have uttered a triple talaq, and > > > > without a legal requirement to register the divorce in court, > > > > couples have separated with the understanding that a divorce has > > > > taken place. However, due to private disputes, some unscrupulous > > ex- > > > > husbands > > > > > have taken advantage of un-witnessed, unregistered triple > > talaqs > > > > to spite former wives with accusations of adultery once they > > > > remarry. In Pakistan and Bangladesh, family ordinance laws have > > > > enforced the legal requirement to register a talaq for the past > > few > > > > decades, though abuses still take place due to loopholes in the > > > > procedure. Indian Muslim personal law has varied from region to > > > > region, and many couples don't bother to register a divorce > > legally > > > > since their communities understand it to have taken place > > because > > > of > > > > the perceived validity of triple talaq. > > > > > > > > > > Mandated court intervention and registration was not formerly > > > > required in many places in India, and is one of the clauses in > > the > > > > AIMPLB's new nikahnama, so they laud themselves with the claim > > that > > > > their nikahnama will be a great protection for women. Upon > > closer > > > > examination, it is clear that the nearly all male, patriarchal > > and > > > > traditionalist ulema-oriented AIMPLB has really done nothing for > > > the > > > > advancement of the protection of women's rights with its new > > > > nikahnama with regards to divorce, as well as other matters. On > > the > > > > contrary, the contract is yet another tool that can easily be > > used > > > > to abuse Muslim women. > > > > > > > > > > Rather than deem triple talaq as illegal, the AIMPLB contract > > has > > > > simply adopted wording which discourages its use as a last > > resort. > > > > Court and community arbitration and intervention is also > > required > > > > for a divorce to take place. This sounds good on paper, but on > > the > > > > ground, it can only be assumed that this will lead to abuses. In > > > > other countries that require legal arbitration before a divorce > > is > > > > permitted, men are often supported by patriarchal, misogynistic > > > > courts and are allowed to divorce their wives with little or no > > > > evidence of ill conduct. Often, a woman's presence isn't even > > > > necessary in court for the divorce to be accepted. Women seeking > > > > divorce in cases when the husband does not want a divorce often > > > have > > > > to spend years and years of going back and forth to court while > > > > their wishes are denied. In India, since many Muslims rely on > > > > patriarchal local community courts (jamaat), it is easy to see > > how > > > > with the new nikahnama, women could be vulnerable to being > > trapped > > > > in unhappy and > > > > > even abusive marriages when they want a divorce but their > > > > husbands don't. > > > > > > > > > > One glaring problem with the new nikahnama's stance on divorce > > is > > > > the absence of a clause allowing the woman the right to divorce > > her > > > > husband. Not even the option of a khul divorce, in which a woman > > > > achieves a divorce by appealing to court and then repaying her > > > mehr, > > > > is included in the contract. Even in neighboring Pakistan, with > > its > > > > extremely misogynistic legal system, women have the option to > > check > > > > a "husband gives wife permission to have the right of divorce" > > > > clause in the standard marriage contract. So, the AIMPLB still > > > > leaves Indian men with the unilateral power to divorce their > > wives. > > > > > > > > > > In addition to divorce issues, the standardized nikahnama is > > > > riddled with other problems. For example, the new contract > > requires > > > > the presence of parents or guardians during its signing. This > > helps > > > > women (and sometimes men) very little in a place where, due to > > > > sociocultural reasons, they are often denied the right to marry > > a > > > > marriage partner of choice. It also potentially opens the door > > to > > > > forced marriages. > > > > > > > > > > The AIMPLB takes a step in the right direction with the new > > > > nikahnama's clause against Hindu style dowry (jahez/dahej: > > female's > > > > family pays male and male's family in cash and gifts), which is > > a > > > > notorious means of exploitation and leads to atrocities like > > dowry > > > > deaths even in Muslim communities in South Asia. However, though > > > > clauses that hurt women such as the one on divorce are easy to > > > > enforce, in reality the dowry clause is difficult to enforce > > > because > > > > of social pressures at the time a marriage is taking place. This > > > can > > > > be seen by the fact that Indian secular law names dowry > > > exploitation > > > > as a punishable act, but dowry exploitation and dowry death is > > > still > > > > a substantial problem in the Indian community at large. > > > > > > > > > > Polygamy is permitted by the new contract in some contexts, > > but > > > > once again, how can male-biased courts be sure that a polygamist > > is > > > > treating his wives justly and equally? In our modern context (in > > > > India and globally), there is little or no necessity for > > polygamy. > > > > It should either be outlawed or strictly limited. Why does the > > > > AIMPLB not take the opportunity to disallow polygamy with all of > > > its > > > > potential abuses in the new nikahnama? > > > > > > > > > > The AIMPLB has legally codified men's and women's roles within > > > its > > > > nikahnama, once again reiterating its patriarchal world view. > > Women > > > > are "owner of household," and "responsible for looking after > > > > domestic affairs" and children, while men are "responsible to > > earn > > > > money and run the family." In addition, there is a list of > > > > instructions for women including provisions that they cannot > > leave > > > > the home without their husbands' permission, and must "safeguard > > > > their modesty." Note that no such stipulations are issued to > > > > husbands. > > > > > > > > > > There are other questionable details in the nikahnama, > > including > > > > loopholes in requirements of payment of the mehr (Islamically > > > > required wedding gift from groom to bride), and questions about > > > > iddat, the waiting period after a woman is divorced or widowed > > > > during which she cannot remarry just in case she is pregnant or > > the > > > > divorced couple reconciles. > > > > > > > > > > Disturbingly, the AIMPLB is interested in propagating what it > > > > calls a "Shariat Awakening." The board's patriarchal, male > > > dominated > > > > understanding of Allah's divine law, which they deem to be the > > true > > > > Shariat, will inform all aspects of Indian Muslim personal law > > if > > > > they have their way. > > > > > > > > > > Formerly, the AIMPLB had representation from Shia as well as > > > Sunni > > > > members, but due to the drafting of the nikahnama, a separate > > Shia > > > > group has broken away because they have not been given equal > > > > representation on the Sunni majority board. The issue of the > > > > nikahnama has embodied the sidelining of the board's Shia voice > > > > because Shias don't interpret family laws in the same way as > > Hanafi > > > > Sunnis, and they obviously wouldn't want to be bound by the > > clauses > > > > in the standardized marriage contract. > > > > > > > > > > The AIMPLB's authoritative new nikahnama has also sparked the > > > > recent formation of the 35 member All India Muslim Women's > > Personal > > > > Law Board due to the fact that the AIMPLB was completely > > > overlooking > > > > women's rights during the process of drafting the contract. The > > > > Muslim Women's Board made numerous complaints to the AIMPLB > > about > > > > clauses that can be used to the detriment of women, such as a > > > clause > > > > permitting child marriage. A senior AIMPLB member is officially > > > > quoted as calling the formation of the women's board "a joke" > > which > > > > they "strongly condemn." Incidentally, in the finalized draft of > > > the > > > > nikahnama, the child marriage clause has been removed. > > > > > > > > > > At present, the new nikahnama has yet to be released in full > > for > > > > public scrutiny despite the criticism it has been receiving. The > > > > AIMPLB is giving assurances that they "are fully aware of the > > > social > > > > problems of Muslims, especially women." A highly dubious > > statement, > > > > indeed. > > > > > > > > > > *** Fatima J. Price-Khan works in education and applied > > > > linguistics. She is also an activist and is involved in several > > > > development projects. She is currently living in the Middle East > > > > with her husband. Originally from Texas, Fatima accepted Islam > > in > > > > her late teens. > > > > > > > > > > Bibliography and Webography: > > > > > > > > > > Women Living Under Muslim Laws, Raj Press, New Delhi. (2003) > > > > > > > > > > AIDWA Submits Memo to Muslim Personal Law Board, Retrieved May > > 9, > > > > 2005, from The All India Democratic Women's Association > > > > > > > > > > All India Muslim Board Unveils Uniform Marriage Code, > > Retrieved > > > > May 9, 2005, from Islam Online > > > > > > > > > > India's Muslims Face Up to Rifts, Mukherjee, S., Retrieved May > > 9, > > > > 2005, from BBC News > > > > > > > > > > India: The Board of No Shame, Retrieved May 9, 2005, from > > Women > > > > Living Under Muslim Laws. > > > > > > > > > > > > > > > * * * * * > > > > > Zamhasari Jamil > > > > > Pelajar Islamic Studies > > > > > Jamia Millia Islamia - A Central University > > > > > New Delhi - India 110 025 > > > > > Website Kampus : http://www.jmi.ac.in > > > > > Website Pribadi : http://www.e-tafakkur.blogspot.com > > > > > Website PPI India : http://www.ppi-india.org > > > > > Email: izamsh@ yahoo.com > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > --------------------------------- > > > > > Yahoo! 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