Farida Prihatini


This article gives enlightenment conecerning nikah siri (unregistered
marriage), in Indonesia. The purpose of this nikah siri is a marriage
conducted in accordance with the provisions of religious harmony and fulfill
the requirements of marriage as prospective bridegroom and women,
guardians, consent granted, witnesses and consent of both prospective bride
and the dowry, but not executed before the Marriage registration office. Siri
marriage is usually performed before the local (moslem) clergy. Nikah siri
reasons this done many things, among others, to avoid fornication, still
bound by employment contracts that prohibit she was married to a specified
period or to be polygamous because they do not obtain consent from his wife
or his wives, and can also be due to lack offees to pay marriage registration
fees. This siri marriage because marriage is not done then the recording has
no legal force, because no country legally valid marriage even be considered
this never happened. The impact of this siri marriage are felt on the wife and
children. Both the wife and children have no legal relationship with her
husband/father. So the wife does not have rights that should be owned by the
wife of a valid marriage. So also with the child, the child status is not lawful
because the child is born not from a legitimate marriage, and children have
had only a civil relationship with his mother, as a result he/she can not
obtain the rights that they should get if he/she was born of a valid marriage
according to both valid under islamic and country law. Based on those
reasons the author conclude that siri marriage is very harmful and does not
provide legal protection to the wife and children.

Kata Kunci

Kata kunci: hukum islam, nikah siri, pencatatan perkawinan

Teks Lengkap:


DOI: http://dx.doi.org/10.21143/jhp.vol0.no0.189


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