UNREGISTERED MARRIAGE IN ISLAMIC LAW PERSPECTIVE A CRITICAL STUDY OF ISLAMIC LAW COMPILATION
Abstract: This article below
constitutes author’s dissertation that discusses the “unregistered marriage (
nikah sirri) in perspective of Islamic law a critical study of Islamic Law
Compilation”. The problem statement of this, namely: how is nikah sirri in the
perspective of Islamic law, what factors denote the background of nikah sirri,
and how is the impact for those who do marriage nikah sirri? Unregistered
marriage or nikah sirri according to Islamic law is valid if it meets the
requirements harmonious and marriage. As for the cause, among others: economic
factors, social status and moral crisis. Meanwhile the impact that would arise
from a marriage that is not recorded are nominally: the marriage is considered
invalid, even though the marriage was performed according to the religion and
beliefs, but in the eyes of the state of marriage is invalid if it has not been
noted by KUA or Civil Registry Office, Children born from such marriage only
have a civil relationship with the mother and the mother’s family, while a
civil relationship with his father was not there. It means that the child can
not claim the rights of the father. By being born in a marriage that is not
recorded, the birth of a child becomes legally registered also in violation of
the rights of children. Children’s status as children outside of marriage.
Further result of marriage is not recorded, both wife and children were born of
the marriage is not entitled to demand a living or inherited from his father.
Author: M. Tahir Maloko
Journal Code: jpperadabanislamgg150019
