<![CDATA[The practice of nikah misyar, which involves an agreement to waive basic marital rights such as cohabitation and financial maintenance, raises critical legal concerns regarding the dichotomy between Sharia validity and statutory legal protection in Indonesia. This study is motivated by the heightened vulnerability of wives and children resulting from misyar marriages that are predominantly conducted without official state registration, akin to unregistered marriage. Employing a normative juridical research method with statutory and conceptual approaches, this study examines primary, secondary, and tertiary legal sources through literature review. The findings indicate that nikah misyar is considered valid under Islamic law provided the essential pillars and conditions of marriage are fulfilled, despite lingering controversies regarding gender justice. Based on Law Number 1 of 1974 concerning Marriage, a marriage that is not registered has no binding legal force. The absence of legal recognition causes adverse consequences, including the forfeiture of spousal maintenance, deprivation of the wife's inheritance rights, and ambiguity in the child's civil status. These findings highlight the significant need for stricter marriage registration enforcement to guarantee legal certainty, protect women's and children's rights, and prevent the misuse of marriage in Indonesia.]]>
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