Suwarno
FAKULTAS AGAMA ISLAM UNIVERSITAS WIRALODRA

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Reconstructing the Concept of Marriage: Preventing the Spread of Unregistered Marriages through Legal Literacy and Sharia Ethics Suwarno; Hudallah Hudallah
Lentera Peradaban: Journal on Islamic Studies Vol. 1 No. 1 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/lpi.v1i1.1

Abstract

Although a marriage may be deemed valid under Islamic Sharia provided it fulfills the essential pillars (arkan) and conditions (shurut) (such as the presence of a guardian (wali) and witnesses) the practice of unregistered marriage (nikah siri) remains a profound socio-legal concern. This paper argues that while religiously legitimate, unregistered marriages often fail to serve as a sustainable solution for marital relationships. No religious framework inherently recommends bypassing legal registration. The absence of official documentation creates a significant legal vacuum, leading to detrimental consequences primarily for women and children regarding their civil rights and inheritance. This study emphasizes the urgency of preventing the normalization of unregistered marriages. It advocates for a deeper understanding of the "true meaning of marriage," which encompasses not only spiritual fulfillment but also legal certainty and social responsibility to ensure the welfare of the family unit.