JAKARTA - The Indonesian Ulema Council (MUI) appreciates the government's steps in promulgating the new Criminal Code (KUHP), but there are a number of critical notes, mainly regarding the possibility of siri marriage and polygamy being punishable.
Chairman of the MUI for Fatwa Asrorun Niam Sholeh said the new Criminal Code regulates the prohibition of marriage to a person who has a valid obstacle, such as marrying a woman who is already in a marriage bond.
"If polyandry, in the sense of a wife who is still bound by marriage, if she marries another man, she can be sentenced, because it is known that there is a valid obstacle. However, it is not for polygamy," said Niam, Tuesday, January 6, reported by ANTARA.
Referring to the Marriage Law, the compilation of Islamic law, and the provisions of fiqh, he said, there are women who are forbidden to be married, or known-muharramat minan nisa', such as biological children, biological mothers, biological siblings, and siblings.
He emphasized that if the marriage occurred intentionally, it could have an effect on the crime. However, the MUI considered that the prosecution of a secret marriage was not appropriate.
"Because the event of a secret marriage is not necessarily because of the desire to hide. The factual condition in the community, there are people who marry secretly because of the problem of access to administrative documents," he said.
Niam explained that marriage is a civil event, so the solution is on the civil side, not prosecution.
"To legislate something that is essentially a civil affair, then it needs to be straightened out and improved. But in general, MUI appreciates the enactment of the new Criminal Code replacing the colonial heritage Criminal Code," he said.
According to him, MUI pays attention to this new Criminal Code so that its implementation in the field has an impact on public order.
He gave an example of Article 402 of the Criminal Code which stipulates that a person who marries, although it is known that the existing marriage is a valid obstacle to the marriage.
According to him, this provision is actually clear and safe, considering that there are conditions and limitations, namely 'a legitimate obstacle'. Meanwhile, in the Marriage Law, it is valid if it is carried out in accordance with the provisions of religion, referring to Article 2 paragraph (1).
Meanwhile, in Islam, Niam said, what is a valid obstacle to marriage is if a woman is bound in marriage to another person. For men, the existence of a wife is not a valid obstacle that causes the marriage to be invalid.
"Therefore, a marriage of siri as long as the conditions of the rukun are met, does not meet the conditions for prosecution," he said.
Thus, according to the author of the book Fatwa Perkawinan dan Hukum Keluarga, the prosecution of a siri marriage on the grounds of Article 402 is a frivolous interpretation and not in line with the law.
"Even if it is used as a basis for the prosecution of serial marriage, it is against Islamic law," he said.
He emphasized that the implementation of the Criminal Code must be monitored to bring benefits and ensure that the law is for the benefit of justice and public welfare and public order.
"Providing protection to the public in carrying out their activities and protection of religious people in carrying out their religion and also their beliefs in accordance with the teachings of their respective religions and ensuring the welfare of the wider community," he said.
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