Lentera Peradaban: Journal on Islamic Studies
Vol. 1 No. 1 (2025)

Reconstructing the Concept of Marriage: Preventing the Spread of Unregistered Marriages through Legal Literacy and Sharia Ethics

Suwarno (FAKULTAS AGAMA ISLAM UNIVERSITAS WIRALODRA)
Hudallah Hudallah (Institut Agama Islam Ma'arif Darul Fikri, Indramayu, Indonesia)



Article Info

Publish Date
22 Jan 2025

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.

Copyrights © 2025






Journal Info

Abbrev

i

Publisher

Subject

Religion Humanities Social Sciences

Description

Lentera Peradaban, Journal on Islamic Studies is a peer reviewed academic journal published by Hellow Pustaka Publisher in Collaboration with Pascasarjana Institut Agama Islam Tasikmalaya. The Journal dedicated to publishing high quality research and scholarly articles in the field of Islamic ...