The Marriage of Rizky Febian and Mahalini is Invalid, Religious Court Reveals the Reason

Kapanlagi.com - The South Jakarta Religious Court has decided on the marriage validity lawsuit between Rizky Febian and Mahalini with a surprising outcome. Their marriage has been declared legally invalid.

The spokesperson for the South Jakarta Religious Court, H. Suryana, explained that one of the essential requirements of marriage that was not fulfilled was the main reason for this decision.

“From the examination results, the panel of judges decided that the marriage conducted was invalid due to the fact that one of the requirements, one of the essential elements of marriage was not fulfilled. One of them is that the guardian who married them was not the rightful guardian,” Suryana stated when met at his office on Monday (25/11/2024).

1. Status Convert

Rizky Febian and Mahalini © instagram.com/axioo

This issue relates to Mahalini's status as a convert. According to H. Suryana, Mahalini just embraced Islam two days before getting married. This caused her non-Muslim biological father to be unable to act as her marriage guardian.

“So if we look at Mahalini's background, she is a convert, if I'm not mistaken just two days ago. After converting, she got married, automatically because her parents are not Muslim, so her guardian cannot be her parent, right,” he explained further.

During the trial, it was revealed that the marriage guardian used was a cleric. The cleric performed the marriage on behalf of the judicial guardian, considering Mahalini did not have a nasab guardian who met the requirements.

2. No Guardian

“In the trial, it was found that a cleric was the one who married her. So the cleric married her on behalf of the judicial guardian. Because she indeed has no guardian,” added H. Suryana.

According to the Marriage Law in Indonesia, guardians in marriage are divided into two types, namely nasab guardians and judicial guardians. A nasab guardian is a guardian who has a direct blood relationship with the bride.

Meanwhile, a judicial guardian is used in certain cases, such as when the bride does not have a nasab guardian or the nasab guardian's whereabouts are unknown.

3. Not Fulfill the Criteria

“But actually, in the Marriage Law, there are two clear criteria: one is the guardian of lineage, and the other is the guardian of the judge. The guardian of lineage indeed has a kinship bond. Because he is a guardian of the judge, it is explained in the law that the guardian of the judge has its criteria. The guardian of the judge is first someone who does not have a guardian. Second, the guardian's address is unknown,” explained H. Suryana.

However, in the case of Rizky Febian and Mahalini, the panel of judges found that the process of appointing a guardian of the judge had not met the criteria set by law. This is the basis for the decision that their marriage is not legally valid.

4. Decide the Next Steps

This decision has significant consequences, both legally and socially, for both parties. H. Suryana emphasized that the court's decision was in accordance with the applicable legal procedures. “All decisions are based on the facts of the trial and existing laws,” he said.

Now, Rizky Febian and Mahalini must decide the next steps, whether to appeal or to rearrange their marriage process to make it legally valid. This court decision serves as a reminder of the importance of understanding the legal aspects of marriage, especially for interfaith couples.

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(kpl/aal/tdr)