Masnun Tahir's View on the Sociological Construction of the Phenomenon of Nikah Siri in Indonesia

Rosalia, Rosalia
Zanjabila, Nabila
Khairunisa, Indah
Asy’ari, Sigit Fiqri
Zahroh, Silmita
Oktaviyani, Keyza

TATHO: International Journal of Islamic Thought and Sciences
Volume 3, Issue 1 (2026) : IN-PROGRESS

  This qualitative study aims to identify the thoughts of Masnun Tahir, a professor of Islamic civil law, on the causes of the phenomenon of unregistered marriages (nikah siri). Primary data was obtained from Masnun Tahir's scientific journal articles. This study uses Soerjono Soekanto's theory of legal effectiveness as a perspective. The results of the study show that, according to Masnun Tahir, the phenomenon of nikah siri is influenced by a low understanding of the law, weak law enforcement, the dominance of cultural norms over state law, and limited access to fair and affordable legal facilities. The findings of this study contribute to the importance of preventive strategies against the complexity of sociological factors causing the rampant cases of nikah siri.