RECITATION OF WEDDING AGREEMENTS IN ISLAM: STUDY ON SAMBAS MALAY SOCIETY OF WEST KALIMANTAN

Abstract

After the consent is granted in the marriage of a husband and wife, the recitation of taklik talak takes place as part of a marriage agreement in Islam. This research is based on the consideration of the pros and cons of the Sambas Malay community, especially religious leaders regarding the marriage agreement called taklik talak in Islam. With a qualitative research method that is a phenomenological approach in the field, the author described how taklik talak exists as a marriage agreement in Islam and its application to the Sambas Malay community. The fact is that almost every married couple in the Malay community of Sambas does not say taklik talak by the husband to his wife after the consent is granted, only knowing it has been written or included in the marriage book without notification to the husband and wife. Although it is not obligatory to verbally express the taklik talak which is already written on the marriage certificate, once the taklik talak has been read out, it cannot be challenged again. If an agreement that has been agreed with a husband and wife is not fulfilled by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The results in the study concluded that the pros and cons of implementing taklik talak as a marriage agreement in Islam were caused by a lack of knowledge of the Marriage Law Number 1 of 1974 Article 29 concerning Marriage Agreement and Islamic Law Compilation (KHI) Article 46 concerning taklik talak as well as the lack of exposure from the KUA through religious counselors and BP4 to premarital couples  in Sambas.