Nikah Siri Marriages

Apr 17th, 2009, in IM Posts, by

Whether to ban "nikah siri" informal marriages, Rhoma Irama and Abu Bakar Bashir are on opposite sides.

Nikah Siri

A new bill on marriage and religious courts (Hukum Materil Peradilan Agama tentang Perkawinan (RUU HMPA)) that is supported by the government would see informal Muslim marriages, nikah siri/sirri or kawin siri, made illegal.

A 'nikah siri' marriage (often called 'nikah dibawah tangan') entails an Islamic wedding performed by a Muslim 'cleric' not authorised by the Department of Religion to perform marriages, and is often regarded as valid within Islamic law provided that witnesses are present. However very often 'nikah siri' is done fairly secretly and without the presence of witnesses.

In either case the marriage cannot be later registered with the Civil Registry Office, and as such is not recognised by the state for most purposes. One consequence of this is children of such unions can be regarded as illegitimate and mothers may find it difficult to obtain birth certificates for them.

Under the proposed changes to the law nikah siri couples face up to three months jail or fines of up to 5 million rupiah (US$415) while public servants who help administer such marriages would face a maximum jail term of one year and/or fines of up to 6 million rupiah.

Other changes to the law involve attempts to stamp out the related practice of contractual marriage, like in Puncak, where it is often a cover for prostitution.

Meanwhile, two different views on the topic from the conservative end of the Islam spectrum.

Anti Nikah Siri


Toothy Abu Bakar Baasyir

Militant religious leader Abu Bakar Ba’asyir urged the government to ban nikah siri, because one of the requirements of a valid marriage, he said, was that the couple be acknowledged and recognised by the community as a married couple. Those who tried to hide their informal marriages were:

cowards

However in reference to the RUU HMPA he did not agree that all marriages needed to be registered with the government, because nothing was said of this in the Quran. Secret marriages, without witnesses, must be made illegal however, he said. kompas

Pro Nikah Siri


Rhoma Irama

Dangdut singer Rhoma Irama, opposes the new bill

RUU Nikah Siri (sic) is irrational. Like with the case of Syekh Puji, he was attacked but everything he did was in accordance with Islamic law.

Syekh Puji, a wealthy businessman in Semarang, recently married an 11 year old girl, Lutfiana Ulfa, but now faces criminal prosecution. See Syech Puji, Pujiono Cahyo & Underage Lust.

Of this controversy Rhoma said the national law that stipulated a minimum age of marriage for girls as 16 was not binding for Muslims: kapanlagi

That's manmade law, God's law is higher. In Islam a girl can marry once she has started menstruating. ..... Who says she [Lutfiana] was underage?

For Rhoma RUU HMPA was to be rejected along similar thought lines.


30 Comments on “Nikah Siri Marriages”

  1. avatar Tracie says:

    I cannot say which is considered right and wrong here. Here in the US, marriage is licensed and acknowledged and that seems to be the right way. But in today’s society there are a lot of changes and new laws everyday.

  2. avatar bodrox says:

    i think nikah siri is only non government law legalities (in indonesia). but it is legal in islamic law (syar’i) or traditional peoples. maybe there are many consequences on secular law if there are bad incidents. but it is oke if the couples agree with that way.

  3. avatar tomaculum says:

    Again Rhoma Irama ….. sighhhh ….

    Question: what is the purpose and the use of “nikah siri”? (off course I mean nowadays and it is a serious question)

  4. avatar tomaculum says:

    By the way: does Rhoma know the meaning of irrational? And I think he removed knowingly the fact out of his rest of brain, that in the case of Syekh Puji (can everybody names himself “Syekh”?) the criminal act of paedophilia is also an ittem of the accusation.
    Religion or not: someone of you would honestly allow your 12 yo daughter to marry a 40 years old man?

  5. avatar boy says:

    hate to say this, but I tend to agree with Koh Baasyir

    except on the issue of marriage registration as it will have significant legal impact in society.

  6. avatar diego says:

    I need to know,

    according to islam, can gay couples do “nikah siri” (because civil law still doesn’t allow it)?

  7. avatar Mr Tic Tac Toe says:

    Tn. Diego, Yth:

    according to islam, can gay couples do “nikah siri” (because civil law still doesn’t allow it)?

    Would you convert if they allow it?

    Pak ALuang will be proud of you.

  8. avatar diego says:

    Sr. TTT,

    Tn. Diego, Yth:

    according to islam, can gay couples do “nikah siri” (because civil law still doesn’t allow it)?

    Would you convert if they allow it?

    Pak Aluang will be proud of you.

    Wow… that’s a tough call. Need to think through it.

  9. avatar Lairedion says:

    Bung Toma raises a good question here.

    What really is the purpose of “nikah siri”? Personally I cannot think of a valid reason at all.

    Btw, Rhoma Irama never ceases to be such a numpty.

  10. avatar joao says:

    What can I say, Abu Bakar Mubasyir apparently still retains a pinch of common sense after all…

  11. avatar diego says:

    Btw, Rhoma Irama never ceases to be such a numpty.

    Yes, it only proves one thing: dangdut kills.

  12. avatar Andy says:

    Anyone who would seriously listen to anything Abu Bakar Bashir has to say has simply lost the plot. The man should be in jail and unable to vent his racist, inflammatory hatred in any forum. What a dispicable piece of trash he is.
    And as for this guy marrying an 11 year old, all I can say is it wouldn’t happen in the civilised world. He would be in jail too.

  13. avatar ET says:

    @ Lairedion

    What really is the purpose of “nikah siri”? Personally I cannot think of a valid reason at all.

    I can. Because “talak, talak, talak” will be sufficient.

    @ diego

    Yes, it only proves one thing: dangdut kills.

    In Talibanistan it surely will. Let him go there.

  14. avatar Ross says:

    Andi is quite right about Bashir but Irama too deserves contempt for his two-faced cosying up verbally to fanatics and child-molestors while flitting off to America to promote dangdut, no doubt posing as a sort of good-will ambassador..
    I recall him after one of the terror bombs addressing an audience, loudly declaiming that Islam was a religion of peace.
    At that time i only knew him as a reasonably good singer, so was pleased he seemed to be speaking up for decency…but when Piggy ( can’t recall the FPI leader’s real name offhand, but that nickname encapsulates both his visage and his nature) was under arrest after the Monas riot in June last year, Irama was among the toadying creeps who bestowed a solidarity visit upon the evil detainee.

  15. avatar Cukurungan says:

    And as for this guy marrying an 11 year old, all I can say is it wouldn’t happen in the civilised world. He would be in jail too.

    Hu ha ha ha …of course in the civilized world you and your kind does not need ceremonial marrying process for f***ng of 11 years old, but you can lock-up you own daughter and shag it on and on for 24 years and no one will notice it.

  16. avatar Andy says:

    Cukurungan get a grip mate!! I’m not Austrian, i’m Australian. Ok we are 1,000s of miles apart. Or are you just another typical Indo racist who thinks all people with white skin are the same..By the way the same shit happens in Indo only it is tolerated and enshrined under Islamic laws. I believe there are verses in the Quran which say wife beating is fine. Go look in your own backyard before criticising someone else dickhead!

  17. avatar Cukurungan says:

    Cukurungan get a grip mate!! I’m not Austrian, i’m Australian. Ok we are 1,000s of miles apart. Or are you just another typical Indo racist who thinks all people with white skin are the same..By the way the same shit happens in Indo only it is tolerated and enshrined under Islamic laws. I believe there are verses in the Quran which say wife beating is fine. Go look in your own backyard before criticising someone else dickhead!

    Oh ya please enjoy below:

    http://www.thespoof.com/news/spoof.cfm?headline=s3i33271

    hu ha ha ha …I recommend you to check your own DNA to Lab, I believe that there is flawed in it because It’s what happens when your DNA is the outcome of mess on the gene pool.”

  18. avatar Mike Oxblack says:

    Forget Nikah Siri, I reckon Indonesia should take a leaf out of Iran’s book and promote the Iranian tradition of “Sighe” i.e. temporary marriages that often last just a few hours. I mean come on Muslims…it’s not going to suck itself is it?

  19. avatar molisan tono says:

    @tic tac toe
    quote:

    Tn. Diego, Yth:
    according to islam, can gay couples do “nikah siri” (because civil law still doesn’t allow it)?

    Would you convert if they allow it?

    Pak ALuang will be proud of you.

    Converted just to get gay marriage?

    Your statement make islam lower then ever dude! Your judgement are basis on lust. Is that what islam teach you? Gay is allowed as long as converted to islam???

    geee…. i didn’t know that!

  20. avatar Mike Oxblack says:

    Jesus. When did nobbing become such a taboo? “Mike, we had a meeting, shagging’s out…you were asleep…”

  21. avatar zekky says:

    Wow, when I read that Basyir and Irama are opposing, I expected the supporters/opponents to be the other way round.

  22. avatar Brother Mouzone says:

    Watching Rhoma Irama and Abu Bakar on opposing sides of a debate is kind of like watching Alien vs Predator; you hope that they will both lose somehow…

  23. avatar marco says:

    Cukurungan,

    The link you provide :
    http://www.thespoof.com/news/spoof.cfm?headline=s3i33271 is not a real news. It is just a parody news.

  24. avatar Astrajingga says:

    I prefer the predator wins, like in the film, they’re nicer.

    May be Rhoma Irama vs Abu Bakar is like Alien vs Alien.

  25. avatar didie says:

    No wonder, a most tourists said’s: ”This country is a Paradise” … =))

    ..

  26. avatar dream_hart34 says:

    Also an item of the accusation.
    Religion or not: someone of you would honestly allow your 12 yo daughter to marry a 40 years old man.

  27. avatar asep_mansyur says:

    Let’s get Nikah Siri, Viva Rhoma Irama Statment!!!!!!

  28. avatar irna ristanti says:

    lets get love in this life from allah swt amiiiin yaroballalamin.

  29. avatar Jafar says:

    Majority of people here are idiots, brainwashed into giving liberal knee-jerk anti-Islam reactions. Marriage as a sacrament and institution to preserve society has been a religious ceremony for thousands of years, and is still that way today. Only recently have governments been interfering in the process, when in fact they have no right in the matter. But you people are so dense on the subject you just blurt out anything on the tip of your tongue.

    If you knew anything about the world or history you know how kings could sleep with wives of newly married couples before their honeymoon. The practice of polygamy was common for most of the Jewish and Christian tradition. Marriage at a young age is a very common thing in the world. Most teenagers in the US are sexually active. Level of rapes and violence against women in the West and so on, rampant abortion, illigitimate children, divorce and bla bla bla, numbering in millions of cases, while unregistered marriage is a fringe matter.

    Unregistered marriage is often sincere and valid according to Islamic law and tradition, but not registered with THE STATE. The consequence of registration is agreeing to submit divorce claims to the Indonesian religious court, which is unIslamic, incompetent and corrupt. It’s the same as the divorce industry in the US which robs men of their life’s work on the whim of women.

    Now the government will make Islamic marriage, the right of free citizens in a Republic supposedly with freedom of religion in the Constitution, illegal and punishable, while adultery, fornication, and even prostitution (with proposed 10% government tax) are allowable. Why cant’ the government recognize those marriage, and not insist the people must follow their new regulations?

    Legally it is a farce….you have to prove that they are married, but there is no proof of the marriage. They can say they are just living together. Oh but then we won’t recognize your marriage or the children. No birth certificates for your kids, even though it’s their right. But all the time, “we’re looking out for your welfare women. We are protecting you!”

    Sick of hearing the sniveling reaction about men are jerks and mistreating women, only women have feelings and rights, a complete load of feminist drivel. Also on the block is a $5000 deposit for foreign MEN wanting to marry Indonesian WOMEN (not the other way around). The women don’t even get the money. It is deposited in a bank. Don’t have the money, i’m sure the official will be ready to cut a deal with the foreigner (how much money you got ya?). Or they will deny the foreigner a visa after a year and split up the money.

    Time for you losers to stop pretending to be heroes. Are you going to provide a life of provision for all these women who purportedly won’t be able to get married? They live in poverty in villages. Get the friggin government to increase their standard of living, not run their lives…they’ll be dead before you or the government ever gives them a dime.

    Of course time-contract marriages are invalid in Islam, that’s not the subject here.

    Adios, hypocrites.

    Freedom is the issue.

  30. avatar shinta bosveld says:

    The idea of Nikah siri to be legalized .. may be understood and aaceptable by some people in the purpose of protecting women and children of their right,
    But Rp.500.000.000,- for marrying Indonesian women …. its unbelieveable,.. what’s plan in your mind to us (Indonesian women) that make women as an expensive good, married is a commitment to spend the life forever in whatever condition is… in happy time or bad time….in the basic of sharing …. NOT SELLING

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