Nikah Siri (Unregistered Marriage) and Its Legal Consequences

September 10, 2011 by dwisuka  
Published in Marriage

Nikah siri is marriage without registration. It almost always inflicts controversy, because it results in negative effect, especially concerning legal position of woman and children.

Nikah siri (siri marriage) is from word ‘nikah’ (marriage) and ‘siri’ (secret, hidden).  Nikah siri just performed according to Islamic law (Sharia), without registration according to stipulation of Marriage Law.  It’s not done in front of Officials that has authority in this field. Yes, nikah siri is unregistered marriage. And some people in Indonesia still prefer to do it.

Is nikah siri legal?

According to Religious angle, of course according to Islamic Law, nikah siri is legal, because rukun nikah is fulfilled. Rukun Nikah (basic principle of marriage) is the matters must be there to perform a marriage. Rukun nikah are: bride, bridegroom, wali nikah (marriage guardian), 2 witnesses, and ijab kabul.

According to Marriage Law in Indonesia, a marriage is legal if done according to religious law and must be registered. Whereas nikah siri is just performed according Religious Law, without registered. No registration is same with no proof of marriage. Mean no marriage in front of State. So nikah siri is not legal according to State Law.

Because nikah siri is illegal according State Law, so it has negative effect concerning with legal position of wife and children resulted from nikah siri. Wife and children are sides that most disadvantages if something bad happen. Even, nikah siri sometimes results in domestic violence.

If husband dead, wife and children of nikah siri cannot inherit deceased’s inheritance.  If divorce happen, wife and the children cannot sue to livelihood (mut’ah).

Even if the nikah siri is not broken, it will not good for children. It influences legal status of the children. Although valid according to Sharia, but no marriage according to State Law. So in front of State, the child resulted from nikah siri is born out of wedlock. Illegitimate child. Consequently, they just have legal connection with their mother, not their father. It may be hard to the child’s life in the future. Mere over in Eastern life.

That is nikah siri that always be controversy. No legal certainty. No legal protection for women and children. How can State give legal protection if no marriage according to State Law?

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13 Responses to “Nikah Siri (Unregistered Marriage) and Its Legal Consequences”
  1. girishpuri Says:

    you will agree to me ultimately it is trust and faith in between the two , and of course strong society , which makes any marriage wheather regd. or not . in india you will find majority of marriage un regd. but still we have much lesser divorce rates than any other country.

  2. dwisuka Says:

    @girishpuri: I salute that divorce in India is lesser than other country…. You right that it’s influenced by trust and faith between the couple, also the society.

    But some people sometimes misuse situation that no proof of marriage to irresponsible. And wife and children almost always to be victim. That’s why nikah siri becomes a controversy in Indonesia. Some people agree with nikah siri, because marriage is worship. But the others against it, because marriage is not only about worship but about protection and responsibility too.

  3. juliachild Says:

    interesting

  4. dwisuka Says:

    @juliachild: thanks…

  5. zulfikar Says:

    it’s better to have registration.

  6. dwisuka Says:

    @zulfikar: agree. It’s important to legal certainty

  7. binyumanyun Says:

    useful information..tariiik maaang..

  8. dwisuka Says:

    @binyumanyun: thanks :)

  9. Kristie Claar Says:

    very interesting, great share

  10. dwisuka Says:

    @Kristie Claar: thanks a lot

  11. beingwell Says:

    Very elaborate. Thanks!

  12. foxpete88 Says:

    informative…thanks

  13. beingwell Says:

    How are you? It’s me again. lol


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