Journal of Nafaqah
Vol. 1 No. 2 (2024): JON-DECEMBER

Islamic Family Law in Facing the Widespread Phenomenon of Siri Marriage: Legal and Social Implication

Dedi Dedi (Institut Agama Islam Tasikmalaya Jawa Barat)
Dadan Dadan (Universitas Islam KH Ruhiyat Cipasung Tasikmalaya Jawa Barat)
Aa Hendra (SDN Hegarsari Kec Mangkubumi Kota Tasikmalaya Jawa Barat)
Syafi'i Syafi'i (STAI Haji Agus Salim Cikarang Bekasi)



Article Info

Publish Date
22 Dec 2024

Abstract

The purpose of this study is to examine in depth the position of children from siri marriages according to the constitution in force in Indonesia and to analyze the legal position of illegitimate children from siri marriages as heirs according to civil law and Islamic law. The research method used is a literature study (Information and Reference Study, abbreviated as SIR) by reviewing various literature, articles, journals, and policies related to the phenomenon of siri marriage in the context of Islamic family law. This method was chosen because of its descriptive and analytical nature, where the study emphasizes more on collecting and analyzing various relevant secondary sources to answer existing problems. The results of the study show that siri marriages, although valid according to Islamic law, have significant legal and social implications. From the perspective of Islamic family law, siri marriages often ignore aspects of protecting the rights of women and children that should be guaranteed in the country's legal system. The legal implications of siri marriages include difficulties in obtaining birth certificates for children born from the marriage, which has an impact on access to education and health services. In addition, wives in unregistered marriages do not have the same legal protection as in officially registered marriages, making them vulnerable to injustice in terms of inheritance rights, maintenance, and protection from domestic violence. From a social perspective, unregistered marriages can cause stigma and discrimination against the women and children involved.

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Journal Info

Abbrev

JON

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Other

Description

Journal of Nafaqah (JON) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the Islamic family law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a ...