Problematika Nikah Sirri Dalam Hukum Keluarga Islam (Studi Kasus Di Kelurahan Simpang Belutu, Kecamatan Kandis, Kabupaten Siak)

Authors

  • Master Hasuhunan H Institut Agama Islam Lukman Edy
  • Firman Surya Putra Institut Agama Islam Lukman Edy
  • Muhammad Kamalin Institut Agama Islam Lukman Edy
  • Muhammad rizal Universitas Negeri Medan

Abstract

Purpose – This study aims to examine the practice of nikah sirri (unregistered marriage) in Siak Regency
from the perspective of Islamic family law and Indonesian positive law. The main focus is to identify the
contributing factors, the resulting impacts, and to raise awareness about the importance of official marriage
registration for the legal protection of spouses and children.
Methodology – This research uses a qualitative method with a case study approach. Data were collected
through interviews, observations, and literature reviews, and were analyzed descriptively to
comprehensively understand the phenomenon of nikah sirri.
Findings – The findings indicate that nikah sirri occurs mainly due to the community’s limited
understanding of the importance of marriage registration. Its consequences include difficulties in obtaining
civil documents and the unclear legal status of children. Although religiously valid, such marriages are not
recognized by state law.
Originality/Novelty – This study is unique in its focus on Siak Regency, a region that has received limited
scholarly attention. By combining Islamic legal and positive law perspectives, the research offers a new
and more comprehensive view of the nikah sirri practice
Implications – The study highlights the need for legal and religious education in the community and
provides input for the government in developing policies to prevent nikah sirri and protect family rights

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Published

2023-07-01