Public Debatable Position of Woman as Witnesses in Marriage: The Perspective of Islamic and Constitutional Laws

Burlian, Paisol (2018) Public Debatable Position of Woman as Witnesses in Marriage: The Perspective of Islamic and Constitutional Laws. Italian Sociological Review. ISSN 2239-8589

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Abstract

Position of women as witnesses in Islamic marriage procession is still debated until now. This paper sought the factors of women restriction roles as witnesses. Indonesia as a big country which has the majority devoted Moslems was selected for collecting data. This research compared the position of women as marriage witnesses in the Compilation of Islamic Law (CIL) and Indonesian Constitutional Law. The study found that the Indonesian Muslim community has two contradictive ideas on the role of women as witnesses in marriage; first, women have not been allowed to be witnesses not only in marriage process, but also in the divorce, and hudud (Islamic Law) system; second, women could be the witnesses, as long as the number of women as witnesses is doubled and accompanied by a man. Data found showed that there was no gap for women to be witnesses in a marriage. As stated in the 25th article of the Compilation of Islamic Law (CIL) of Indonesia which designates as the witnesses in the marriage ceremony are males. They are Muslim who are fair, adults (Aqeel/baligh), uninterrupted memory and not deaf or hard of hearing. Therefore, this research recommends to renew the CIL, because in 25th article of CIL provides an opportunity for women to be marriage witnesses. It is expected the Central Government and law makers in Indonesia should consider the Judicial Review of CIL.

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