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"How is the Law of Marrying Cousins According to Islam? Here's the Explanation"
"Although still part of the family, cousins are considered distant relatives."
"Although still part of the family, cousins are considered distant relatives."
Dream - Having a righteous life partner is the hope of most people. However, the matter of destiny is a secret of Allah SWT, just like sustenance and death. Nevertheless, humans must continue to strive to Allah SWT. Including in finding a suitable partner for their life. As for whether they will be destined or not, just surrender it to Allah SWT. There may be some people who think of living in a couple with their cousin. There are various reasons why someone wants to marry their cousin.
For example, just because they feel close and familiar, they feel it is easier to maintain a relationship.
Then, how about if we look at it from an Islamic perspective? Is it permissible to marry a cousin? Considering that cousins still have a familial relationship. To find out the answer, here is a summary as compiled by Dream from various sources.
"In Indonesia, marriage is also regulated by the Law, including marriage with cousins."
Quoted from perqara.com, referring to positive law in Indonesia, marriage between cousins is not prohibited. This is based on Law Number 1 of 1974 concerning Marriage. Article 2, paragraph (1) of the Marriage Law explains: "Marriage is valid if conducted according to the laws of each respective religion and belief." The meaning is that as long as the respective religious laws allow marriage between cousins, then that marriage is valid according to the law.
The following is the translation of the Bahasa text to English, while preserving any HTML tags: "The legislation in Indonesia does not actually regulate the choice of its citizens' partners. In the Marriage Law, it only regulates prohibited marriages."
Then, what is the law of marriage in Islam? Is this marriage allowed in Islam?
Quoted from lampung.nu.or.id, according to Imam Ghazali, marrying close relatives will minimize lust. This is based on the following saying of the Prophet: "Do not marry close relatives, because children will be born in a weak (thin and frail) condition." Meanwhile, according to Al-Bujairami, marrying close relatives is considered makruh (discouraged). This is because generally children born from such a couple will become foolish and have low intellect.
In Islam, women who are forbidden to marry due to kinship relationships are mothers, daughters, sisters, nieces (daughters of brothers), nieces (daughters of sisters), aunts (paternal), and aunts (maternal). Meanwhile, men who are forbidden to marry are fathers, sons, brothers, and so on. Then, in terms of marriage, it includes the father's wife, the son's wife, the mother's wife (mother-in-law), and the daughter's wife (stepdaughter). Therefore, cousins are considered distant relatives and not mahram, so it is permissible to have a relationship or marry them.
The requirements for marrying a cousin in Indonesia are the same as the requirements for marrying in general.
This is with reference to Article 4 paragraph (1) of the Minister of Religious Affairs Regulation Number 20 of 2019 concerning Marriage Registration (Permenag No. 20 of 2019). Marriage registration is done in writing by filling out an application form and attaching the following marriage requirements documents, as quoted from perqara.com: - Marriage endorsement letter from the village/residential area where the prospective bride/groom resides. - Copy of birth certificate or birth certificate issued by the local village/residential area.
"Foto kopi kartu tanda penduduk/resi surat keterangan telah melakukan perekaman kartu tanda penduduk elektronik (“KTP-el”) bagi yang sudah berusia 17 tahun atau sudah pernah melangsungkan nikah. Foto kopi kartu keluarga (“KK”). Surat rekomendasi nikah dari KUA Kecamatan setempat bagi calon pengantin yang melangsungkan nikah di luar wilayah kecamatan tempat tinggalnya. Persetujuan kedua calon pengantin. Izin tertulis orang tua atau wali bagi calon pengantin yang belum mencapai usia 21 tahun." Translation: "Photocopy of identity card/residence permit letter stating that the electronic identity card (“KTP-el”) has been registered for those who are 17 years old or have been married before. Photocopy of family card (“KK”). Marriage recommendation letter from the local District Office for couples getting married outside their residential district. Approval from both prospective spouses. Written permission from parents or guardians for prospective spouses who are under 21 years old."
Izin dari wali yang memelihara atau mengasuh atau keluarga yang mempunyai hubungan darah atau pengampu, dalam hal kedua orang tua atau wali meninggal dunia atau dalam keadaan tidak mampu menyatakan kehendaknya. Izin dari pengadilan, dalam hal orang tua, wali, dan pengampu tidak ada. Dispensasi dari pengadilan bagi calon suami yang belum mencapai usia sesuai dengan ketentuan UU Perkawinan. Surat izin dari atasan atau kesatuan jika calon mempelai berstatus anggota tentara nasional Indonesia atau kepolisian Republik Indonesia. Translation: Permission from the guardian who takes care of or nurtures or the family who has a blood relationship or guardian, in the event that both parents or guardians have passed away or are unable to express their wishes. Permission from the court, in the event that there are no parents, guardians, and guardians. Dispensation from the court for prospective husbands who have not reached the age according to the Marriage Law provisions. Permission letter from the superior or unit if the prospective bride/groom has the status of a member of the Indonesian National Army or the Indonesian Republic Police.
Permission for polygamy is granted by the religious court for husbands who wish to have more than one wife. Divorce certificate or divorce registration book excerpt for those whose divorce occurred before Law 7/1989. Death certificate or certificate of death issued by the village chief or village head or equivalent official for widows or widowers.
People who receive it will definitely feel happy, plus a series of meaningful words and prayers in it.
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