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All Journal Indonesian Journal of Islam and Muslim Societies IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Al-Tahrir: Jurnal Pemikiran Islam Al-Jami'ah: Journal of Islamic Studies Journal of Accounting and Investment Al-Ahwal: Jurnal Hukum Keluarga Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum AN-NISA : Journal of Gender Studies JHCLS
Ahmad Bunyan Wahib
UIN Sunan Kalijaga Yogyakarta
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : JHCLS

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Unregistered Marriages in Sabah: Indonesian Migrant Workers at the Crossroads of Faith, Law, and Livelihood Wahib, Ahmad Bunyan; Hayat, Muhammad Jihadul; Awang, Nurulbahiah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.702

Abstract

The immigration policy of Malaysia prohibits migrant workers from marrying during their employment contract, whether with fellow migrant workers or Malaysian citizens. However, despite this prohibition, the practice of marriage between Indonesian migrant workers, often referred to as kawin kampung (village marriage), has been prevalent for many years in Sabah, Malaysia. This marriage practice occurs without the involvement of the state and is not officially registered, thus classified as an unofficial or nikah sirri (secret marriage). Nevertheless, such marriages are recognized socially within the community, even though they are not legally acknowledged (illegal but licit). This research aims to explain the structure and agency involved in marriage practice among Indonesian migrant workers. Taking the floor in Sabah, Malaysia, data were gathered through interviews with related parties in the field. This research employs Giddens' theory of structuration. This research argues that the practice of kawin kampung (village marriage) among Indonesian migrant workers (PMI) in Sabah, is a multifaceted issue influenced by a combination of religious, legal, economic, and social factors. Their religious belief constitutes an essential foundation for sustaining life within the oil palm plantations. Although their marriages cannot be categorized as legally valid under the Malaysian state law, they are many times underhand allowed by the company and can gradually and annually be submitted for official validation (isbat nikah) at the Indonesian representative office. Inconsistent law enforcement against undocumented immigrants has enabled their continued entry, thereby perpetuating the practice of unregistered marriages (kawin kampung) among Indonesian migrants.
Co-Authors Ahdiyatul Hidayah Awang, Nurulbahiah Etik Kresnawati Euis Nurlaelawati Fatum Abubakar Hayat, Muhammad Jihadul Nola Putriyah, Nola Pertiwi, Ruspita Rani