Premarital Agreement for Moslem Couples: Taklik Talak

Prenup-1 In accordance with Compilation of Islamic Law, there are two (2) type of premarital agreement for Moslem couples. They are:

  1. Taklik talak; and
  2. Other agreement in line with Islamic law.

Taklik Talak consist of two words. Taklik means depending. Talak means divorce. Literally, Taklik Talak means divorce depends on something. I would prefer to refer it as conditional divorce. In Islamic Law, Taklik Talak considered as premarital agreement. What is Taklik Talak, and where you can find it? It is also known as “Sighat Taklik”. It is the wording that a husband must read out loud after performing the marriage ceremony. Ring a bell? OK, I will refresh your memory. The following is an English version of standard Indonesian wording:

Sighat Taklik

After performing the marriage ceremony, I am [Husband’s name] son of [Name of Husband’s Father], I herewith promise truthfully that I will fulfill my obligation as a husband and I will treat my wife named [Name of Wife] daugther of Mr. [Name of Wife’s Father] kindly  according to the teaching of Islamic religion.

Furthermore, I read this sighat taklik  for my wife as mentioned as follows:

Anytime I:

  1. leave my wife two (2) years continuously;
  2. or I don’t provide compulsory necessities of life for three (3) months long;
  3. or, I hurt my wife’s physically;
  4. or, I neglect my wife for six (6) months long;

Then my wife is not willing and she complains about the matter to the religious court, and her complain is accepted by the court, and my wife pays money in the amount of Rp. 10,000 (ten thousand Rupiah) as iwadh (substitute) to me, then falls my once divorce to her.

To the afore-mentioned court, I authorize to receive the substitute money and then to hand it over to the Directorate General Guidance of Islamic Society Cq Directorate of Religious Affairs and Shari’ Guidance for the need of social devotion.

 

Divorce by Taklik Talak is not automatically granted. Divorce petition to the religious court would require to be submitted to cross examine whether there is any violation against conditions in Taklik Talak.

The Taklik Talak is not a compulsory to be performed, nevertheless once it has been performed, it can never be revoked. In the field of practice, many religious court dissolved marriages based on the 1974 Marriage Law and Compilation of Islamic Law, even tough the divorce petitions were filed based on violation of Taklik Talak.

The purpose of Taklik Talak is meant to protect women against men’s discrimination and to put them in equal position with men in all family affairs.

 

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