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All Journal Didaktik : Jurnal Ilmiah PGSD STKIP Subang
Julia Nur Rahmah
Universitas Islam Negeri Palangka Raya
Education

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NIKAH SIRI PRESPEKTIF HUKUM POSITIF INDONESIA DAN HUKUM ISLAM Julia Nur Rahmah
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 02 (2026): Volume 12 No. 2, Juni 2026 Release
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i02.14701

Abstract

Siri marriage remains a complex social and legal phenomenon in Indonesia due to the dualism between Islamic law and positive law. This study aims to analyze the status of siri marriage, its contributing factors, the legal impacts on women and children, and the efforts toward regulatory harmonization. The theoretical frameworks employed include legal certainty, public interest (maslahah), and maqashid shariah. This study utilizes a descriptive qualitative method through a literature review, examining regulations, court decisions, and relevant academic literature. The results indicate that economic issues, socio-cultural factors, and low legal literacy are the primary causes of this ongoing practice. Although considered valid under religious requirements, the absence of official registration triggers significant legal disadvantages, particularly the vulnerability of maintenance, inheritance, and administrative rights for women and children. Resolution efforts are pursued through the harmonization of both legal systems, notably via integrated marriage legalization (itsbat nikah) programs. The implementation of this policy aligns with the principle of obedience to the government (ulil amri) for social welfare. Synchronization between religious values and national law is crucial to ensure justice and family legal certainty.
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