Thursday, February 25, 2010

Draft of Religious Justice Law: Nikah Siri is Crime?

At least that is debating recently. It is about criminal stipulation in Draft of Religious Justice Law (Rancangan Undang-undang Peradilan Agama), article 143. It states that everyone consciously perform marriage not in front of Register Official of Nikah will punished fine maximum Rp. 6000,000.- or imprisoned maximum 6 months.

It means someone commit nikah siri (unregistered marriage) can fined Rp. 6000,000.- or imprisoned 6 months.

Of course criminal stipulation in the Draft receive cordial welcome from activists and people who care about women and children. All this time, nikah siri is assumed as chink entering domestic violence. Besides, no legal protection to wife of nikah siri and her children.

On the other hand, some other people refuse the criminal stipulation. The punishment threat is unreasonable stipulation. Because nikah siri is valid according to Sharia. Nikah is ibadat. Religious order. It is really not fit to crime someone because of commiting religious order. Mereover, it is Indonesia, a country with the biggest population of muslim in the world. And nikah siri does not always have tragic end.

It is quite wrong. One side, Government/State only want to give legal protection to all citizens with registered marriage. But in other side, State can not prohibit people to do religious order. So what the solution?

Until now, it still analysed by Government, Ulama, and other sides. Hopefully, there will be good solution, before Draft of Religious Justice Law field Marriage enter National Legislation Program in Parliament in 2010.


  1. my question is,can nikah siri be performed only by the couple fotographing themselves without witness or ijab kabul

  2. Nikah siri is nikah too, but without registration. So to perform it, must fulfil rukun nikah i.e: bride, bride-groom, wali nikah, 2 witnesses and ijab kabul. So it cannot be performed without witness and ijab kabul...


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