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All Journal DE'RECHTSSTAAT Pena Justisia: Media Komunikasi dan Kajian Hukum
Wati, Asrat Nita
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Law, Crime, Criminology & Criminal Justice

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Legal Protection for Wives in Unregistered Polygamous Marriages: An Analysis of Islamic Law in Indonesia Wati, Asrat Nita; Pagar, Pagar; Matsum, Hasan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6589

Abstract

Indonesia’s Marriage Law No. 16/2019 mandates marriage registration, yet cultural-religious norms perpetuate nikah sirri (unregistered marriages), particularly in polygamy, denying wives spousal rights. While Islamic law validates such unions via rukun and syarat, statutory exclusion strips wives of inheritance, alimony, and child legitimacy, violating maqashid sharia principles like hifz al-nasl (lineage) and hifz al-mal (property). Prior studies identify this dissonance but lack systemic reforms bridging Islamic jurisprudence and comparative law. This research addresses this gap by analyzing wives' legal status in unregistered polygamy under Islamic and Indonesian law, designing reforms reconciling religious validity with enforceable safeguards. Using normative legal research, it combines doctrinal analysis of Islamic texts/statutes with qualitative analysis of Religious Court rulings. Findings reveal 78% of nikah sirri wives face economic disenfranchisement, and 89% lack alimony recourse due to burdensome retroactive marriage validation. Comparatively, Malaysia’s and Morocco’s laws slashed polygamy rates (95%, 99.7%) via judicial oversight absent in Indonesia. Legal pluralism enables patriarchal qiwamah interpretations: 67% of Java’s polygamy permits bypass spousal consent; 72% of rural nikah sirri involve child brides. Consequently, 81% of unregistered wives suffer disinheritance; 54% of children endure stigma. The study innovates by proposing a hybrid reform model integrating maqashid sharia with feminist jurisprudence, advocating specialized courts, simpler isbat nikah, and criminalizing unregistered solemnization. Aligning with Moroccan/Malaysian models could cut nikah sirri by 40%, upholding hifz al-ird (dignity) and constitutional equity, offering a blueprint for Muslim-majority nations
ASPECT OF THE AGREEMENT IN MARRIAGE wati, Asrat Nita; Tanjung, Dhiauddin
DE'RECHTSSTAAT Vol. 9 No. 1 (2023): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v9i1.7240

Abstract

According to the Civil Code, a marriage agreement is an agreement made by the prospective husband and wife before the marriage takes place, containing the consequences of the marriage on property. There are three forms of the agreement, namely: togetherness of profit and loss, togetherness of results and elimination of togetherness of assets. The marriage agreement must be drawn up by a notary and its contents cannot be changed. While the concept of a marriage agreement in Islamic law states that there are two forms of agreement in a marriage, namely divorce suspension and other agreements that are not contrary to Islamic law, divorce suspension is an agreement pronounced by the groom after the contract is stated in the marriage certificate in the form of a promise of divorce hanging on a certain situation. The marriage agreement in Islamic Law must be ratified by the Marriage Registrar. The results is Marriage agreements that are still taboo in the general public have now become a trend among artists, officials, businessmen, or people with money. They are generally of the view that with the existence of a marriage agreement, the property of each partner is still safe and belongs to them. Even they are not willing if their property is mixed with their partner.
Co-Authors Matsum, Hasan Pagar, Pagar Tanjung, Dhiauddin