MTERMS OF MARRIAGE WITHOUT GUARDIAN AND WITNESSES

Guardian in marriage is the first party in aqad marriage, because that has the authority to marry the bride, or who do consent. Was the bridegroom will be the second party, or who do qabul. Guardian is a legal requirement of marriage the girl, without marriage is not legal guardians, except according to the Hanafi school of thought which says valid marriage without a guardian.

In a hadith says "The widow is more entitled to her and the girl who married her father only" (HR Daru Quthni). In the hadith of Ibn Abbas' No valid marriage without a guardian "or" Marriage is not valid without a guardian ". (H. R. Ashab Ahmad and Sunan). The order of guardians are as follows:
1. Father
2. Grandfather (father's father)
3. Brother sibling
4. Brother sebapak (other mothers)
5. Son brother bladder (nephew)
6. Son brother sebapak 7. Uncle (brother of the father of sibling)
8. Uncle (brother of the father sebapak)
9. Boys from uncle number 6 in this sequence
10. Son, uncle lakidari number 7 in this order if all the guardian does not have the guardian is the government (in this case KUA).

Maliki madhhab allow guardians "kafalah", ie a trust that can result from a man who bears and educate women who do not have parents anymore, so he seemed to have a parent woman.

Guardians can also be represented, as well as the men can also do mewakilan in the ceremony. Could represent a way of saying, for example, the deputy mayor said "I represent the fulanah guardianship to a relative in her marriage with the so and so", or also can use a letter written by pewakilan. Pewakilan letter will be better sealed by law. In mewakilan not required to use the witness.

Please note that in Islamic law there are rules that say "All transactions must be done alone, then it is delegated to someone else, if the transaction is not represented". The A'dhal trustee is a trustee who refuses to marry his daughter for some reason. If these reasons are persecuted, for example, with no reason but the mayor refused to marry the perwaliannya forcibly taken over by the government, and governments that marrying these women. A non-Muslims can not be the guardian of Muslim, the Muslim saint who sought the order above. If there is no government that replaced it, in this case KUA.

Before the author suggests the terms of marriage without a guardian and a witness, the first writer to convey two key points. First, that marriage without a guardian and a host of witnesses called by the term ulama mut'ah marriage. The term is based on the opinion of Ibn Abbas who said that marriage without a guardian and a witness is called marriage mut'ah.

Meanwhile, scholars jumhur mut'ah defining marriage, which defined marriage aqad with a certain time limit is accompanied by lafadh mut'ah, when the time limit has been determined that the Talaq fall even if she is still hard for her husband. There is also married aqad unconditional guardians and witnesses, namely the Al-Dhohiry schools. So if we follow the opinion of the scholars jumhur mut'ah with madhhab al-wedlock Dhohiry technical differences, the purpose and terms. Therefore, the discussion will be divided into two, namely marriage and marriage in mut'ah madhhab al-Dhohiry.

The second thing a writer wants to convey is, to obtain the data from this marriage requirements, the author also conducted interviews with some of the fiqh (kyai), given the difficulty of getting data from the book other than the four schools in Indonesia bermadzhab predominantly Shafi'i. In the book of Al-Authar Nail, found some of the following requirements:
1) held by Aqad married shighot mut'ah.
2) defined his time, for example a month, two months and so on.
3) Women should be a widow, is for women who are still girls guardian is required.
4) In an environment far from family (wife), for example, go to other areas in the business circuit, serving as a soldier and so on.
5) There is concern to commit adultery because because the number 4, or because the wife can not fulfill its obligation as a wife because of the irregular haidl and so on.
6) No inherit each other, and no dowry (mahr).
7) Do i'lan or minimum notice of 40 people in the area he lived and in other areas.

Thus the results of the book Nail Al-Authar vol 9, chapter mut'ah marriage. In THE BOOK OF Bidayat Al-Mujtahid, found one other condition, which should at least toned up with some kind of art drums (flying-Indonesia).

In conclusion, that the requirements of wedlock mut'ah scattered in various books which are only opinions or objections trajectory of the author of a book. The requirements are:
1) Aqad held by shighot mut'ah
2) Determined time
3) There's dowry (mahr)
4) No inherit each other
5) In an emergency
6) held by a crowd Aqad
7) There is concern commit adultery
8) Must do i'lan (notification) to the person at least 40 people, both in their homes in other areas ataupaun
9) Women (wife) widow ('ve been married). As for the pillars, is rukunnya bridegroom and memperlai women.

That the terms and harmonious marriage mut'ah. Regarding the terms and harmonious marriage in Al-Dhodiry schools do not have a widow, married aqad with shighot / Zawaj, inherit each other as usual, is not determined by time, does not depend in an emergency, do not be enlivened, not in fear commit adultery, do not have status widow, no mahr (dowry). Fundamentals rukunnya same as above. Thus in the book written by Al-Muhalla Al-Dhohiry followers, Ibn Hazm. And Allaah knows best. (Marhadi Muhayar).