Siri’s marriage is – Marriage is an important and unforgettable moment for most people. Therefore, many people celebrate their marriage to show their new status as husband and wife. In Indonesia, marriage must be official in the eyes of the state and religion. However, there are some people who only do marriage under the hand or commonly known as unregistered marriage.
Siri marriage can be interpreted as a form of marriage that is carried out based on religious law, but is not announced to the public and is not officially registered at the Office of Religious Affairs (KUA) and the Civil Registry Office. In other words, unregistered marriage is a marriage that is religiously valid, but not legal in the eyes of the law.
Among the clergy themselves, the law regarding unregistered marriage still has its pros and cons. Some argue that unregistered marriage is not prohibited and may be carried out as long as it has a specific purpose and complies with the conditions and pillars of marriage in Islam. There are also those who view that unregistered marriage is prohibited because it has more harm.
Definition of Siri Marriage
Siri marriages are marriages that are not registered with the government, in this case the Office of Religious Affairs (KUA). Thus, it does not have the force of law especially on the mother and child. Unregistered marriages or legally registered marriages are declared as violators of the law.
This is because doing so violates Law No. 22 of 1946, which states that every marriage must be supervised by a marriage registrar and this is accompanied by sanctions in the form of fines and body confinement.
Characteristics of Siri Marriage
In general, siri marriages have the following characteristics:
1. Marriage without a guardian
Marriage without a guardian is a marriage that is carried out in secret because the female guardian does not agree or because it considers marriage without a guardian to be valid or simply because they want to indulge in lust without heeding the provisions of Islamic law.
2. The marriage is kept secret because of certain considerations
For example, because of fear of a negative stigma from society who already considers unregistered marriage a taboo or because of other complicated considerations that force someone to keep their marriage a secret.
3. Siri marriage from a religious point of view is permissible as long as the pillars are met
In this case, all things are permissible as long as in carrying out or undergoing the marriage there are not many harms / bad effects that occur. But the difference is that you don’t have authentic evidence if you are married. In other words, do not have a legal certificate as a citizen who has a strong position before the law. Even though unregistered marriage can be legalized in Islamic law, it cannot be legal in state law.
Siri Marriage According to Islamic Law
Siri marriage as a secret marriage is actually prohibited by Islam because Islam prohibits a woman from getting married without the knowledge of her guardian. This is based on the hadith of the prophet conveyed by Abu Musa ra, that the Messenger of Allah said;
“There is no lawful marriage without a guardian.”
This hadith is reinforced by another hadith narrated by Aisyah ra, that the Messenger of Allah once said;
“Any woman who marries without the permission of her guardian, then her marriage is invalid; the marriage is invalid.”
Abu Hurayrah ra also narrated a hadith, that the Messenger of Allah said;
“A woman may not marry another woman: A woman also has no right to marry herself. Because, in fact, the adulteress is (a Muslim) who marries herself.”
So, it can be concluded that marriage without a guardian is a marriage that is vanity. Siri marriage is an act of immorality to Allah SWT and is entitled to sanctions in the world. However, there are no clear sharia provisions regarding the form and level of sanctions for people involved in marriages without guardians. Therefore, cases of marriage without guardians and perpetrators may be punished. A judge may determine imprisonment, exile and so on for those who marry without a guardian.
Siri Marriage According to State Law
Siri marriage is regulated in several state articles including:
1. Article 143 Draft Law
Article 143 of the bill, which is only intended for adherents of Islam, outlines that anyone who intentionally enters into a marriage without being in the presence of a marriage registrar shall be subject to punishment with various legal threats, ranging from six months to three years and a fine starting from Rp. 6 million to Rp. 12 million. Apart from alluding to the issue of unregistered marriages, this bill also alludes to mutah marriages or contract marriages.
2. Article 144 Draft Law
Article 144 stipulates that anyone who enters into a mut’ah marriage is sentenced to a maximum of 3 years in prison and the marriage is annulled by law. This bill also regulates the matter of mixed marriages between two people of different nationalities. Article 142 paragraph 3 states that prospective husbands who are foreign nationals must pay a guarantee deposit to the prospective wife through an Islamic bank in the amount of Rp. 500 million.
Types of Marriage Siri
From the explanation above, it can be concluded that the syari’a law for unregistered marriages is as follows:
1. Siri marriage, which is a marriage without a guardian
Islam clearly prohibits a woman from marrying a man without the consent and presence of a guardian. The act of unregistered marriage is a sinful act that is sinful if it is committed. The perpetrators of this unregistered marriage deserve sanctions both in this world and in the hereafter.
2. Siri Marriage Done Without Registration at KUA
Siri marriage, which means marriage carried out without registration at a civil registration agency or KUA (Office of Religious Affairs). This marriage has two different laws, namely the law on marriage and the law on not registering marriages at the KUA.
Therefore, the unregistered marriage that is now known in society is a marriage that is legally performed according to religion but is not legal before the law because there is no evidence of registration at a civil registration institution. Meanwhile, unregistered marriage without a guardian is invalid both in the eyes of religion and in the eyes of the law.
Status of Children in Siri Marriage
A legitimate child according to the law, that is the result of a legal marriage. This is stated in Law no. 1 of 1974 concerning Marriage, article 42 paragraph 1: Legitimate children are children who are born in or as a result of a legal marriage.
This refers that the status of the child has a blood relationship with both parents. In some cases regarding the rights of children of unregistered marriages, there are difficulties in managing legal rights such as maintenance, inheritance and birth certificates.
The status of a child in siri marriage is not recorded by the state, so the status of the child is said to be out of wedlock. In terms of religion, the status of children from unregistered marriages has the same rights as children from legal marriages based on religion.
However, this is not in line with the law in force in Indonesia. This is contrary to the legislation stated in Law no. 1 of 1974 Article 43 Paragraph 1: A
Reasons for Siri’s Marriage
There are several reasons couples choose a siri marriage, including:
- Waiting for the right day to have the marriage registered at the KUA on the grounds that during the waiting period adultery did not occur.
- Both parties or one of the parties to the bride and groom are not ready because they are still in school/college or are still bound by officialdom (school) which is not allowed to marry first.
From the parents’ point of view, this marriage is meant to have official ties and avoid acts that violate religious teachings such as adultery.
- Both or one of the prospective bride and groom is not old enough / mature, while the parents want an arranged marriage between the two. So that in the future the bride and groom will no longer be married to other parties and the prospective bride will not be married to other people.
- As a solution to get children if the existing wife is not blessed with children. If an official marriage will be constrained by laws or other regulations, both concerning marriage regulations and staffing or positions.
- Forced like the party of the groom caught having fun with the woman he adores. Due to the reason that the man was not ready, then to cover the disgrace a siri marriage was carried out.
In addition, some are hindered because the woman is still legally bound by a formal relationship with the man, for example, they assume that the woman is widowed according to religious law, but has not yet filed for divorce in court.
- Legalized religiously for men who are married because they have difficulty asking permission or do not dare to ask permission from their first wife or do not feel comfortable with their parents-in-law.
In article 1 of the Marriage Law No. 1 of 1974 it is stated that marriage is a physical and spiritual bond between a man and a woman to form a happy and eternal household based on Belief in One Almighty God.
As for the legality of marriage, it is written in Article 2 Paragraph (1) which reads as follows:
“Marriage is legal, if it is carried out according to the laws of each religion and belief”
So, it can be said that as long as the marriage is carried out in accordance with the provisions of the religion one adheres to, then the marriage is considered valid legally whether the marriage is carried out in the presence of an official appointed by law or not (siri or privately).
However, the problem is related to proving the existence of a marriage which, according to statutory regulations, can only be proven by a copy of a marriage certificate issued by a marriage registrar or a copy of a marriage certificate by a civil registry. So that when a marriage is not carried out in front of the appointed officer, it will be difficult to prove the marriage. Because it is not registered with the authorized institution, as stipulated in Article 2 Paragraph (2) of Law Number 1 of 1974.
“Every marriage is recorded according to the applicable laws and regulations”
Siri Marriage Law in Indonesia
In Indonesia, marriage law is regulated in Marriage Law No. 1 of 1974 Article 2 as follows:
- Marriage is legal if it is carried out according to the laws of each religion and belief.
- Every marriage is recorded according to the applicable laws.
Based on the law, even though it is legal in the eyes of religion, every marriage must still be registered in the state. This means that unregistered marriage is considered invalid in the eyes of Indonesian law because there is no marriage certificate and official documents related to the legality of the marriage.
Positive and Negative Impacts of Siri Marriage
In positive law, unregistered marriage is not a complete legal act because it is not officially recorded in government records. Children born from unregistered marriages are considered unable to be legalized by the state through birth certificates.
Every Indonesian citizen who enters into a marriage must register his marriage at the KUA or the Civil Registry Office to obtain a marriage certificate.
Marriage can only be proven by a marriage certificate made by a marriage registrar. The legal impact arising from an unregistered marriage occurs if there is a divorce, namely the black wife gets the right to joint property if the husband does not give it.
In addition, if there is an inheritance left by the husband due to death, it is very difficult for the wife and children to obtain the rights to the inheritance. If a husband works as a civil servant, neither his wife nor children are entitled to receive any benefits.
Besides violating Indonesian marriage laws, unregistered marriage also has many negative impacts, especially for women. There are several negative impacts of unregistered marriage, including:
- The woman cannot claim her rights as a wife which her husband has violated because there is no permanent legal force against the legality of the marriage.
- Interests related to making ID cards, family cards, passports and child birth certificates cannot be served because there is no proof of marriage in the form of a marriage certificate/marriage book.
- Unregistered marriages tend to make one partner, especially the husband more flexible to leave his obligations.
- There is a lot of violence against wives
- Can affect the psychological wife and children.
- Sexual harassment against women because it is considered as a momentary outlet for lust for men.
- There will be many cases of polygamy that occur
- There is no clarity on the status of women as wives and the clarity of the status of children in the eyes of the law or society.
Apart from the negative impacts, there are also positive impacts although the negative impacts will be more numerous, including:
- Reducing the burden or responsibility of a woman who is the backbone of the family.
- Minimizing free sex and the development of AIDS and other diseases.
- Able to prevent someone from the law of adultery in religion.
In Islam, there are five pillars of marriage, namely:
- There is a groom
- There is a bride-to-be
- Marriage guardian
- Two witnesses
- There is consent Kabul
If these five pillars exist and each pillar fulfills the requirements, then the marriage is valid according to religion. Based on the provisions of Article 2 Paragraph (1) of the Law, marriage must also be considered valid according to religious law.
However, in order for this marriage to receive official recognition from the state, the marriage must be recorded according to the applicable laws and regulations. For Muslims, the agency authorized to register marriages is a Marriage Registrar at the Sub-District KUA, both recording through supervision at the time of the marriage and based on a court order for those whose marriages are not carried out under the supervision of a designated official.
So, that’s the law of unregistered marriage in Indonesia and some of its positive and negative impacts. Even though it is legal in the eyes of religion, unregistered marriage should be avoided so that there are no regrets in the future. I hope this article inspires you!
If Sinaumed’s is still confused, still needs references regarding unregistered marriage and its impacts, you can visit sinaumedia’s collection of books at sinaumedia.com.