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All Journal JENTRE JENTRE: Journal of Education, Administration, Training and Religion Al-Jadwa: Jurnal Studi Islam
Jumni Nelli
Universitas Islam Negeri Sultan Syarif Kasim, Riau
Religion Arts Humanities Education Languange, Linguistic, Communication & Media Mathematics Social Sciences Other

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Protection Of Women's And Children's Rights In Unregistered Marriage (Nikah Sirri): Reconstructing Maqāṣid Al-Sharī‘ah In The Harmonization Of Islamic Law And Indonesian National Law Aprinelita Aprinelita; Jumni Nelli
JENTRE Vol. 7 No. 1 (2026): JENTRE: Journal of Education, Administration, Training and Religion
Publisher : Balai Diklat Keagamaan Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38075/jen.v7i1.563

Abstract

Marriage is a sacred institution involving two individuals who commit to living together and building a family. Accordingly, marriages should be officially registered and documented within the state’s legal system. However, there has been a growing prevalence of unregistered marriages (nikah sirri), which fulfill the requirements of validity under religious law but are not recorded by the state’s legal administration. Such marriages pose significant legal and social risks, particularly for women and children. This study aims to examine the extent of legal protection afforded to women and children born from unregistered marriages. It employs a qualitative method using a Maqāṣid al-Sharī‘ah analytical framework to explore the issue. The findings indicate that unregistered marriages, which lack state recognition, often lead to various legal vulnerabilities. These risks may be mitigated through increased awareness and understanding among couples engaging in such marriages. Furthermore, Law Number 1 of 1974 concerning Marriage, as the primary legal framework governing marriage in Indonesia, has not yet fully accommodated adequate protection for wives and children born from unregistered marriages.
Protection Of Women's And Children's Rights In Unregistered Marriage (Nikah Sirri): Reconstructing Maqāṣid Al-Sharī‘ah In The Harmonization Of Islamic Law And Indonesian National Law Aprinelita Aprinelita; Jumni Nelli
JENTRE Vol. 7 No. 1 (2026): JENTRE: Journal of Education, Administration, Training and Religion
Publisher : Balai Diklat Keagamaan Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38075/jen.v7i1.563

Abstract

Marriage is a sacred institution involving two individuals who commit to living together and building a family. Accordingly, marriages should be officially registered and documented within the state’s legal system. However, there has been a growing prevalence of unregistered marriages (nikah sirri), which fulfill the requirements of validity under religious law but are not recorded by the state’s legal administration. Such marriages pose significant legal and social risks, particularly for women and children. This study aims to examine the extent of legal protection afforded to women and children born from unregistered marriages. It employs a qualitative method using a Maqāṣid al-Sharī‘ah analytical framework to explore the issue. The findings indicate that unregistered marriages, which lack state recognition, often lead to various legal vulnerabilities. These risks may be mitigated through increased awareness and understanding among couples engaging in such marriages. Furthermore, Law Number 1 of 1974 concerning Marriage, as the primary legal framework governing marriage in Indonesia, has not yet fully accommodated adequate protection for wives and children born from unregistered marriages.
Problematics of Child Support after Paternal Death: A Study of Islamic Family Law Reform in Indonesia from the Perspective of Islamic Law Asril Asril; Zainal Arifin; Jumni Nelli; Aslati Aslati
Al-Jadwa: Jurnal Studi Islam Vol. 6 No. 1 (2026): July
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/aljadwa.4724

Abstract

This study examines child maintenance (nafkah) after the father’s death within the reform of Islamic family law in Indonesia. The study addresses a research gap in existing scholarship, which predominantly focuses on child maintenance after divorce, religious court decisions, and parental non-compliance, while limited attention has been given to the reconstruction of child maintenance after the father’s death, particularly in relation to Article 104 of the Compilation of Islamic Law (KHI) and maqāṣid al-sharīʿah. Employing a normative-qualitative approach, the study analyzes classical fiqh, Indonesian family-law regulations, judicial practices, and comparative perspectives from Muslim-majority countries. The findings demonstrate that the principal problem is not the absence of normative responsibility, but an implementation and institutional gap. Article 104 KHI provides a kinship-based framework, yet its effectiveness is constrained by unequal economic capacity among paternal relatives, changing family structures, and the absence of clear enforcement mechanisms. The analysis further finds that responsibility should be assessed not solely through paternal kinship but also through economic capacity, caregiving continuity, guardianship, inheritance resources, and the best interests of the child. Accordingly, the study proposes a shift from a kinship-centred model toward a child-welfare-centred framework, grounded in ḥifẓ al-nafs, ḥifẓ al-nasl, and maṣlaḥah, with proportionate state intervention where family mechanisms are insufficient.
Co-Authors Aprinelita Aprinelita Aslati Aslati Asril Asril Zainal Arifin