Legal Analysis of Taklik Talak in Indonesian Marriage Law and Compilation of Islamic Law

Abstract

Taklik talak is an agreement between a husband and wife aimed at protecting the wife from the arbitrary actions of the husband. The recitation of the taklik is done by the husband after the marriage contract (ijab kabul) is performed. In practice, the recitation of the taklik talak is seen as obligatory, as it is almost always carried out in every marriage ceremony. However, according to Article 46 of the Compilation of Islamic Law, taklik talak is not mandatory.The issues arising from this background include:a) The position of taklik talak in Indonesian marriage law and the Compilation of Islamic Law.b) How taklik talak is implemented in society.The approach used to address these issues is a juridical-sociological method, which links events in the field with legal aspects or applicable laws. Taklik talak has existed in Indonesia since the reign of Sultan Agung Hanyakrakusuma, the king of Mataram (1554 Java/1630 AD), with the purpose of protecting wives who are abandoned by their husbands due to state duties.The law states that taklik talak is not mandatory. It is recited only if both spouses agree to it. However, once recited, taklik talak cannot be revoked. Many people perceive taklik talak as a necessary part of the marriage process, as it is customary for it to be recited in every marriage.In society, divorces often occur due to violations of taklik talak. To prove that taklik talak has been violated, judges consider evidence such as letters and witnesses, especially from family members or close acquaintances. The consequences of divorce due to the violation of taklik talak include issuing a talak satu or talak khuli against the wife, and the wife may be subjected to an iwadh penalty of Rp. 10,000.00.