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Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2

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Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2 Advances in Social Science, Education and Humanities Research, volume 492 Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019) Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan Jayusman1* Oki Dermawan1 Mahmudin Bunyamin2 Sudarman2 1Faculty of Syariah, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia 2Faculty of Ushuluddin and Religous Study, Universitas Islam Negeri Raden Intan Lampung, Bandar Lampung, Indonesia *Corresponding author. Email: [email protected] ABSTRACT The treasure of Mazhab Fiqh (the school of thoughts in Islamic jurisprudence) is somewhat difficult to accommodate the legal conditions of modern Islamic marriage. The new law must accommodate the benefit of life, which is the aim of Islamic law reconciliation, in the present time. Marriage law in Jordan also does not fully adhere to the majority of mazhab fiqh in the country. However, many maslahat (public common welfare) have accommodated their values. The focus of this study is to study the marriage law in Jordan and the dynamics of Islam and local culture in marriage law in Jordan. This study concludes the following. In the renewal of marriage law in Jordan, it still maintains the maqāsid al-syarī'ah (the goal of Islamic law) for the achievement of the benefit of the law and rejects harm. Jordanian family law is inseparable from the local wisdom that is owned and institutionalized in the community. Renewing marriage law in Jordan is done with the principle of preserving an existing law or regulation that is considered good, and developing it with a better law or better regulation. The law of modern Islamic marriage is suitable for every era and place. Keywords: Jordanian marriage law, maslahat, marriage law of World War I, this region was part of greater Syria under 1. INTRODUCTION Ottoman rule. After the defeat of the Ottoman Empire in 1918, the allies divided the Middle East into regions under Khoiruddin Nasution states that the enforcement of family their influence, with Trans-Jordan and Palestine in the law in Jordan is based on the formation of law No. 26 of British mandate and guardianship. In 1946, Trans-Jordan 1947, from which then enacted the Law No. 92 of 1951. In experienced their independence to later become the 1976 a revision was made with the enactment of Law No. kingdom of Jordan's Hashimiyah with Prince Abdullah 61 of 1976. This law is more specifically to discuss marital Ibnu al-Husein as its First King. The name Hashimiah issues known as Jordan: The Code Of Personal Status And refers to Hashim, who was the ancestor of the Prophet Supplementary Laws 1976 (Jordan: Law on Personal Muhammad .[1] Islam is the dominant religion in Jordan, Status and Additional Laws 1976).[1] Family Law and 93 percent of the population is Sunni Muslim. The Reforms carried out in Jordan include issues related to the other of the population consists of Druze and Baha'is, age of marriage, guardian in marriage, marriage vows, while the remaining four percent are Christians.[1] interfaith marriages, post-divorce marriage arrangements, mut'ah marriage problems, marriage registration, polygamy arrangements, and divorce. This study further 2.2. Marriage Law in Jordan discusses the Maslahat Review of the Renewal of the Marriage Law of Jordan. Discussion of the Jordanian In 1917, Jordan imposed the Ottoman Law of Family Marriage Law is limited to the issue of renewing Jordanian Rights before the birth of Law No. 92 of 1951. Before the marriage laws regarding the minimum age of marriage, birth of the law, Jordan had enacted the Qanun al-Huquq guardian in marriage, marriage vows, marriage al-'A'ilah al-Urduniah No. 26 of 1947. Therefore, with the registration, and divorce before the Court. birth of law No. 92 of 1951, then all previous laws have been abolished.[2] Law No. 92 of 1951 includes 132 chapters, which divided into 16 chapters.[3] This law is 2. RESULTS AND DISCUSSION very similar to the Turkish law of 1917, both in terms of its structure and detailed rules.[4] Then this law was updated with a complete law with the birth of the Law of 2.1. Overview of the State of Jordan Personal Status or better known as Qanun al-Ahwal al- Syakhshiyyah No. 61 In 1976 before the birth of kodii, and The modern state of Jordan first emerged in 1921 as the the Hanafi concept became a reference in Jordan.[5] emirate (emirate or emirate) of Trans-Jordan. Until the end Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 294 Advances in Social Science, Education and Humanities Research, volume 492 The family law reforms carried out in the State of Jordan, threatened with criminal penalties under the provisions of among others, are related to the problem; 1) Minimum age the Jordan Criminal Law. Whenever the husband has his limit for marriage for men and women, 2) marriage wife's mentality unilaterally without any justifiable registration and registration 3) Trustee in marriage, 4) reasons, then the wife can submit a request for divorce and divorce before the Court. 5) Wedding vows. compensation to the court. The compensation given cannot be more than a year of living in addition to 'iddah. For payment, the husband can apply for installments. 2.2.1. Minimum Age Limits of Marriage for Men and Women 2.2.5. Promises in Marriage According to the laws of the country of Jordan, the age requirement for marriage is 16 years for men and 15 years In Islamic law in Jordan, in articles two and three of the for women. If a woman has reached the age of 15 years law of 1951, it was explained that marriage promises and has the desire to get married while her guardian does would not affect on marriage. Nevertheless, after the not allow it without a valid reason, then the woman does agreement, then one of them died, or cancel the agreement, not violate the principles of kafa'ah, and the court can then some gifts before giving can be taken back by the allow permit marriage.[1] man.[8] 2.2.2. Registration and Marriage Registration 2.3. Maslahat in the Study of Usul Fiqh Jordan Law No. 61 of 1976 requires the registration of Maslahat etymologically comes from Arabic, which is marriage, for those who punished, both the bride and the formed from the letters sad, lam, and ha ', then becomes employee. Because Jordan is one of the countries that the root word al-Salah, which means good or benefit, a job stipulate registration as a necessity so that the violating that contains benefits,[9] both in terms of lafaz and party can be punished or his marriage has no legal force. meaning. The word maslahat is the form of mufrad According to Law No. 61 of 1976 article 17, it is explained (singular), while the plural form is al-masalih.[10] that the bridegroom is obliged to bring the qadi or its Maslahat is taken from al-Salah (goodness, usefulness, representative in the marriage ceremony. The authorized validity, and truth), which means that something is in officer, as appointed by the qadi, records the marriage and perfect form according to the intended purpose or issues the marriage certificate. If the marriage takes place goal.[11] As the pen is in the most appropriate shape when without registration, then the person who holds the used for writing. Maslahat can mean to attract benefits and marriage ceremony, the bride and groom, and witnesses reject consciousness. The definition of benefits, according can be subject to punishment and fines of more than 100 to accepted habits, is a causal factor that leads to goodness dinars.[6] and usefulness.[12] Al-Ghazali (d. 505 H.) defines of maslahat in al- Mustasyfa, as follows: 2.2.3. Guardians in Marriage معَي نْ نَصْ َوﻻَبِإِ ع ِتبَ ِارْ بِالب طﻻَ ِنْ الشْ رعِْ ِم َنْ لَهْ يَ ش َه دْ لَ مْ َما From several articles regarding whether or not there must be a guardian in marriage, Jordan distinguishes between “Anythingْ (maslahat)ْ forْ whichْ thereْ isْ noْ evidenceْ forْ women who are still girls and who are widows. A him from the syara 'in the form of a certain text that [guardian's consent is not required in a widow's marriage, nullifiesْit,ْandْnoْoneْisْpayingْattention.”[12 as stated in article Jordan No. 61 of 1976 article 13, that Causative factors that lead to the intention of lawmakers in "guardian's consent is not required in the marriage of a matters of worship and customs. Beneficiaries, legislator widow who has common sense, and is over 18 years old". described, such as worship, intended by the lawmakers for The provisions of guardians are explained in Article 9 to the benefit of creatures and setting their affairs such as Article 13, Trustees in marriage are the order of customs.[13] asabahbinafsihi in the order of inheritance according to the Abdul KarimZaidan states that what is meant by maslahat Hanafi school of thought.[7] is trying to realize goodness or benefits and rejecting harm or damage.[14] Meanwhile, Husen Hamid Hassan mentioned that what is meant by maslahat is an act that 2.2.4. Divorce before the Court contains goodness, which is beneficial to humans. For example, trading activities and studying are things that In the provisions of article 101 and 134 of law no. 25 of contain benefits that are beneficial and appreciated by 1977, the husband must record divorce to the judge.
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