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Cross-Border Nikah Sirri between Malaysia and Indonesia: Contemporary Legal and Social Dynamics in Borneo Sri Wahyuni; Ahmad Abdlkareem Sarairah; Mohamed W. Abouyounes
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.11047

Abstract

This article examines the phenomenon of cross-border nikah sirri (unregistered marriage) between Malaysia and Indonesia in the Borneo region, particularly involving Malaysian Sarawakians and migrant labourers. The study aims to analyse the contemporary legal frameworks governing nikah sirri in both countries, explore the socio-cultural and structural factors that motivate cross-border marriage practices, and assess their implications for the protection of women’s and children’s rights. Employing a socio-legal approach, this research integrates primary data derived from in-depth interviews and field observations with secondary sources from relevant legal and academic literature. The findings reveal that undocumented migrant workers in Sarawak frequently cross into Indonesian border areas to conduct nikah sirri, facilitated by transnational kinship networks, including Dayak communities who provide social and ritual support. From a legal perspective, Malaysia strictly prohibits unregistered marriages and imposes administrative sanctions for them. In contrast, Indonesian law adopts a more accommodating stance by allowing post-facto legalisation through itsbat nikah (marriage confirmation) in the Religious Courts, alongside limited legal recognition for children. However, such cross-border practices are often treated in Malaysia as legal evasion and a violation of public order, rendering the marriages invalid and leaving women and children without formal legal protection, including issues related to lineage and civil status. From the perspective of maqāṣid al-sharīʿah, these practices tend to generate greater harm (maḍarat) than benefit (maṣlaḥah), particularly in failing to safeguard lineage (ḥifẓ al-nasl) and legal certainty. This study contributes to the discourse on transnational Islamic family law by offering a comparative and empirically grounded analysis of regulatory gaps and their social consequences. It further argues for an integrative approach to legal reform to strengthen cross-border protection mechanisms and ensure substantive justice for vulnerable groups.
Government Social Media Communication as a Political Public Relations Strategy for Advancing Social Welfare Muhammad Faisal; Andi Alimuddin Unde; Muhammad Farid; Mamoon Suliman Alsmadi; Mohamed W. Abouyounes
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325//nusantaralaw.v5i1.215

Abstract

This study examines how the regional head of East Kalimantan, following the 2024 regional election, leveraged social media as a political public relations strategy to enhance social welfare. It focuses on three key dimensions: communication mechanisms, the nature of disseminated content, and patterns of interaction between government and citizens in the digital sphere. Employing a descriptive qualitative design with a case study approach, the research draws on multiple data sources, including content analysis of official government social media accounts, in-depth interviews with key stakeholders, and participatory observation of public engagement. Data were analyzed thematically to identify recurring communication patterns, strategic orientations, and their implications for public perception and welfare outreach. The findings indicate that social media functions not merely as a tool for information dissemination but as a strategic platform for constructing an image of transparent, responsive, and participatory leadership. The regional head systematically used digital platforms to communicate about social welfare programs, foster dialogic engagement, and mobilize community participation through structured, consistent campaigns. Interactive and socially oriented communication practices were found to significantly strengthen public trust, expand policy visibility, and improve accessibility to welfare initiatives. Moreover, integrating feedback mechanisms enabled more adaptive, citizen-centered governance. This study contributes to the growing body of literature on digital political communication by offering empirical insights into the role of social media in local governance contexts. It advances understanding of political public relations as a dynamic, participatory process in the digital era. Practically, the findings guide policymakers and public officials in designing communication strategies that are not only effective but also socially impactful. The study also opens avenues for future research on the integration of digital platforms into public policy processes and innovative models of government communication management.