An Islamic Jurisprudential Perspective on the Phenomenon of Secret Marriages in Indonesia

Abstract

This study aims to analyze the phenomenon of secret marriage (nikah sirri) in Indonesia from the perspective of Islamic jurisprudence. Secret marriages are widespread in Indonesia. According to an online news report citing data from the Central Bureau of Statistics for the Bogor Regency, 45.21% of marriages were officially registered, while 54.79% were unregistered and not recorded in the Religious Court. Furthermore, the Religious Court of Banjarbaru City recorded 347 cases of secret marriages between 2022 and 2023. The central issue addressed in this research is whether secret marriage in Indonesia is in accordance with Islamic law or not. This study employs both the inductive and analytical methods. The researcher concludes that the legal status of secret marriage in Indonesia depends on its type. First, a marriage that fulfills the Islamic legal conditions and pillars but is not registered with the Office of Religious Affairs (KUA) is valid but disliked (makruh) in Islamic jurisprudence. However, it violates Indonesian Law No. 1 of 1974 on Marriage, Chapter I Article 2 Paragraph 2, and the Compilation of Islamic Law in Indonesia, Chapter II Article 5 Paragraph 1, and Article 6 Paragraph 2. Second, a marriage conducted without the presence of a guardian (wali) or witnesses is considered invalid and not legally recognized in Islam.