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Is It Legal to Marry Your Cousin in Indonesia

/Is It Legal to Marry Your Cousin in Indonesia

In addition to Muslims, some Jewish and Arab Christians in the Middle East have a history of cousin marriages. In addition, some Muslim groups living outside the Middle East, such as Muslims from Bangladesh or Pakistanis living in England, practice inbreeding. 4. The legal requirements for obtaining Indonesian citizenship by naturalization are as follows: Religious marriage under Islam is performed by the Office of Religious Affairs (Cantor Urusan Agama) in a ceremony at a mosque, house, restaurant or other place chosen by the couple and is legal immediately after the ceremony. Minor children do not have the legal capacity to take legal action themselves. They must be represented by their parents. If the result of the examination is satisfactory, the registrar announces the intention of the marriage by attaching a document determined by the registry office to a predetermined place. Of particular importance in the Middle East is the marriage with the daughter of the paternal brother. Many people in the Middle East prefer this form of marriage.

Ladislav Holý explains that this is not an independent phenomenon, but simply the expression of a broader preference for agnatic solidarity or solidarity with the father`s filiation. Due to the emphasis on the male lineage, the daughter of the father`s brother is considered the closest marriageable relative. According to Holý, the oft-cited reason for cousin marriage to keep property in the family is, in the case of the Middle East, only a specific manifestation of the preservation of all the “symbolic capital” of a family. In addition to an aversion to hypogamy that prevents a man from losing his loyalty to his wife`s higher-ranking relatives, FBD marriage binds the agnatic group more closely by ensuring that wives are both agnatic and ultimate parents. In fact, marriage between cousins can generally be seen as an exchange for a socially valid outcome, namely marital alliances with strangers and the resulting integration of society, with the alternative result of greater group solidarity. But for demographic reasons, the ideal of marriage can never be fully realized, and therefore societies that allow it can always fall back on the beneficial aspects of internal and non-marital marriage. [40] According to Indonesian regulations, adultery is illegal. Husband and wife cannot testify for each other or against each other, but can sue each other. In the case of a marriage outside Indonesia, whether it is (a) two Indonesian citizens or (b) an Indonesian citizen and a foreign national, the marriage is legal if it is contracted in accordance with the laws of the place where the marriage was contracted (“lex loci celebrationis”), and the Indonesian citizen must comply with the requirements of the Marriage Law. (Article 56 of the Marriage Act). In the holy book of Islam, the Qur`an, Surah An-Nisa (Q.4:22-5) gives a fairly detailed list of the types of marriages prohibited in Islam (including).

the sisters of your fathers and the sisters of your mothers and the daughters of your brother and the daughters of your sister and your adoptive mothers… “), but does not include first cousins,[8] and ends with the words, “You are all authorized beyond these.” In 2016, about 40% of marriages in Egypt were between cousins. [18] Another source (Reproductive Health) estimates the figure at 20.9-32.8% for marriages between consanguineous partners from 2009,[15] but much higher – 60.5-80.4% – in the Nubia region. According to the penal code, abortion is strictly illegal unless there are certain medical indications. Quranic law, which requires girls to receive a portion of the inheritance, appears to have provided a financial incentive for marriage between cousins, as the inheritance would remain in the extended family. [11] In response to a question from the audience in 2012, popular Islamic preacher Zakir Naik noted that the Quran does not prohibit marriage to cousins, but quotes Dr. Ahmed Sakr as saying that there is a hadith of Muhammad that says, “Do not marry generation after generation among first cousins.” [12] [13] However, the fatwa center in IslamWeb.net could not find “any scholar who mentioned this hadith” and lists several scholars (Al-Qaadhi al-Husayn, Imam al-Haramayn (Al-Juwayni), Ibn al-Salah) who have stated that the hadith is not authentic. [13] Before the origins of Islam, marriage between cousins was an acceptable practice in the Middle East, according to the scriptures of the Christian Bible. Abraham sent his servant back to his brother to find a wife for his son Isaac. Isaac eventually married his cousin Rebekah (daughter of Betuel, son of Nahor, brother of Abraham). A Christian, Hindu or Buddhist wedding is usually performed first in a church or temple ceremony. After the religious ceremony, all non-Islamic marriages must be registered at the Civil Registry Office (Cantor Catatan Sipil).

Without registration by the registry office, these marriages are not legal. Registration by the registrar can be done directly during the religious ceremony at an additional cost. Marriage between cousins probably remains a gray area in Islamic law, as it is not explicitly prohibited, not even in the Koran. In a video, Indonesian cleric Ustadz Khalid Basalamah argued that the cousins are not mahram or illegitimate parents, so marriage between them is likely permissible or halal. So what does the Qur`an say about marriage between cousins? Islam does not consider Cousin to be a mahram or an unmarriageable parent. However, he draws the line to marry your aunts or uncles. Barth finds in his study of Southern Kurdistan that in tribal villages, 57% of all marriages were cousins` marriages (48% bint `amm marriages), while in a non-tribal village composed of families of new immigrants, only 17% were marriages of cousins (13% bint `amm). Which can be a bit of comfort for those who have secretly had a crush on a cousin for a long time. Taiwan, North Korea and the Philippines also prohibit marriage to first cousins. It is allowed in Japan, although the incidence has decreased in recent years. China has banned it since the passage of its 1981 marriage law, although marriage between cousins in China has always been common in rural areas.

All other marriage certificates are usually issued by the vital statistics office the same day or the next day. For use abroad, a certified English translation of the marriage certificate must be obtained. It is not necessary for the marriage certificate or translation to be registered by your consular agency. However, it may be useful to have the certified translation of the marriage certificate or a special translation checked by the consular agency of your home country or the consular agency of your country of residence. If you have little money to confirm your eligibility to marry your cousin, then you should follow Albert Einstein`s lead. The popular physicist married his own cousin Elsa Löwenthal, but decided to play it safe by not having children. A 1984 study of blood-related marriages (mostly first cousins) among the Arab population in rural areas of the western Galilee found that they occurred among 49 percent of Druze, 40 percent of Muslims, and 29 percent of Christians. [27] A 1990-92 study of all of Israel found similar results – 47% among Druze, 42% among Muslim Arabs, and 22% among Christian Arabs. [28] In the Palestinian village of Artas in the 1920s, out of 264 marriages, 35 or 13.3% were marriages of male paternal cousins; 69 or 26.1% were marriages between cousins. [16] On June 11, 2019, Indonesians are still debating triangular buildings and marriage between cousins. The reality is that cousin marriage is something that health planners and the general public must accept in Australia`s multi-ethnic society.

Islamic marriage certificates (Buku Nikah) issued by the Office of Religious Affairs (Kantor Urusan Agama) are legally valid in Indonesia and do not require registration with another agency if you wish to live in Indonesia. However, if you move elsewhere in the future (and who knows?), you will immediately receive a marriage certificate issued by the vital statistics office and an official certified translation (see below). Teguh encourages everyone to get tested to confirm if a member of your extended family has defective DNA or an inherited disease. If this is the case, it is best to do the same test on yourself before you know if you and your partner are carriers. However, the test can cost you anywhere from $560 to $3,000. Ouch. 3. In the case of joint matrimonial property, either husband or wife may bring an action only with the consent of the other. Genetically, the practice is generally discouraged due to the increased risk for cousins to give birth to children with birth defects. For years, I kept everything to myself until a tweet about the rise of cousin marriages brought the issue into public discourse.

Interestingly, Google Trends in Indonesia has shown that cousin wedding searches have increased every holiday season for the past five years. It seems that all over Indonesia, when families get together, people like me started awkwardly noticing their cousins on the other side of the table years ago. Indonesian law makes a similar definition. Incest is defined along vertical and horizontal family lines: Basically, you should not marry your uncle, aunt, your uncle and aunt`s parents, your wife`s siblings, your wife`s aunt or nephew (in case of a second marriage) and, of course, your siblings. But cousins legally make the cut. With regard to property brought by the husband or wife that is not part of the common matrimonial property, the husband or wife has the full right to take legal action in respect of their respective personal property.