EN.MUHAMMADIYAH.OR.ID, YOGYAKARTA – Siti Aisyah, Chairperson of the Central Board of ‘Aisyiyah, has emphasized that the practice of nikah siri—marriages conducted without official state registration—is not merely an administrative issue but also a matter of religious observance.
According to her, registering a marriage is an essential step toward building a sakinah (harmonious) family while safeguarding the rights of husbands, wives, and children.
She made these remarks during the Harmoni Keluarga podcast on Friday (26/6). She addressed the renewed public debate over unregistered marriages following a recent case involving a public figure that gained widespread attention on social media.
Marriage in Islam Is Meant to Be Public
Siti Aisyah explained that, in Islamic teachings, marriage is never intended to be concealed. Instead, the Prophet Muhammad (peace be upon him) encouraged Muslims to publicly announce marriages through a walimah (wedding feast) as an expression of gratitude and as a public declaration that a lawful marital bond has been established.
She cited the Prophet’s recommendation that Muslims announce their marriages and hold a walimah according to their means. The essence of this guidance, she said, is to ensure that society recognizes the marriage, thereby preventing future disputes.
“Marriage in Islam is encouraged to be publicly announced. The walimah serves as a religious proclamation and a public notification that the couple has been lawfully married,” she said.
Contemporary Challenges Require Contemporary Ijtihad
According to Siti Aisyah, modern developments have introduced new legal and social issues that require fresh Islamic reasoning (ijtihad), including the growing phenomenon of nikah siri, which is now openly promoted through social media.
She expressed concern over the emergence of agencies that openly offer unregistered marriage services, arguing that this demonstrates how nikah siri has evolved from an individual matter into a broader social issue requiring serious attention.
In Indonesia, she noted, marriage registration is mandated under Law No. 1 of 1974 on Marriage. Muslim marriages are registered through the Religious Affairs Office (KUA), while adherents of other religions register their marriages through the civil registry.
However, she stressed that marriage registration should not be viewed merely as compliance with state bureaucracy.
“The issue is not simply about fulfilling administrative requirements. It is about ensuring legal protection so that the rights of all parties are safeguarded,” she said.
Muhammadiyah Considers Marriage Registration Obligatory
Siti Aisyah explained that Muhammadiyah’s position on marriage registration has evolved from a religious opinion into an official organizational decision.
She pointed out that during the 2014 Muhammadiyah National Tarjih Conference in Palembang, the requirement was incorporated into the organization’s guidebook, Guidance Toward a Sakinah Family. The document affirms that even if a marriage fulfills all Islamic legal requirements, official registration remains an obligation.
According to her, marriages conducted in secrecy make it difficult to realize the ideals of a sakinah family. They could result in harm to others, such as a first wife or existing children.
She also noted that this position aligns with the 2006 Ijtima Ulama of the Indonesian Ulema Council (MUI), which concluded that while an unregistered marriage may be religiously valid if all Islamic requirements are fulfilled, it may become prohibited (haram) if it causes harm.
“The primary consideration is preventing harm. A marriage should never become a source of injustice to wives, children, or other parties,” she explained.
Women and Children Bear the Greatest Consequences
Siti Aisyah acknowledged that people choose nikah siri for various reasons. Some perceive the registration process as complicated, while others delay official registration because they wish to postpone their wedding reception.
She argued that such reasons cannot justify avoiding registration. Couples who are not yet financially prepared for a reception can still register their marriage first and hold the celebration later when circumstances permit.
She stressed that the negative consequences of nikah siri far outweigh these considerations.
In practice, women and children are often the most disadvantaged. Should divorce or family disputes arise, wives in unregistered marriages frequently struggle to obtain legal protection. Similar difficulties also arise regarding inheritance and other civil rights.
Children born from unregistered marriages may likewise encounter obstacles in obtaining civil documentation and accessing legal protections.
“The consequences extend beyond legal issues. They affect economic, psychological, and social well-being. Women and children are often the ones who suffer the most,” she said.
She further observed that secret marriages can generate unnecessary social problems. When communities are unaware of a couple’s marital status, misunderstandings and negative assumptions may emerge, creating additional tensions in society.
Grounded in Islamic Legal Reasoning
Responding to claims that neither the Qur’an nor the Hadith explicitly requires marriage registration, Siti Aisyah explained that the obligation is derived through Islamic legal reasoning (istinbat).
One of its foundations, she said, is qiyas (analogical reasoning) based on the Qur’anic command to document debt contracts. If financial transactions are required to be recorded to protect the rights of the parties involved, then marriage deserves even stronger protection through official documentation.
She added that changes in governmental administrative systems also influence Islamic legal rulings. During the Prophet’s era, there was no modern state administrative framework comparable to today’s institutions. It means legal protection operated under different circumstances.
Therefore, adapting legal opinions to changing times is fully consistent with Islamic jurisprudential principles, provided the objective is to promote public welfare (maslahah) and prevent harm.
Strengthening Public Awareness
To curb the growing practice of nikah siri, Siti Aisyah emphasized the importance of expanding public education.
She observed that many people still regard marriage registration solely as a state administrative requirement. In reality, it should also be understood as part of fulfilling religious teachings.
Beyond education, she called for stronger moral responsibility within society so that unregistered marriages are not normalized. Communities, she said, should encourage and assist couples in officially registering their marriages rather than remaining indifferent.
Finally, she urged all members of society to uphold the Islamic values of ta’awun (mutual assistance), encouraging one another toward truth and offering sincere guidance so that family-related issues can be resolved in accordance with Islamic principles.
