Check out the Facts Whether a Siri Marriage Can Live Together Legally

Illustration of whether a civil marriage can live together (antaranews)

YOGYAKARTA - There are still many misconceptions about the question, whether a secret marriage can live together in Indonesia. Although it is legally valid, this status often causes polemics in the social environment of our community.

You need to understand that without state documents, the risk of population administration is very large. Therefore, it is important to know the legal limits so that your privacy and home security are maintained.

Definition of Nikah Siri: Between Language and Sharia

Dilansri from the Soreang Religious Court website, etymologically, nikah means to gather or copulate (wat'u). In Islam, marriage is an agreement that legitimizes the relationship between a man and a woman through a clear sentence. Meanwhile, the word "series" comes from the Arabic word sirri which means secret.

Nikah siri or marriage under the hand is a marriage that fulfills the pillars of Islam, namely there are brides, guardians, two witnesses, dowry, and ijab kabul. However, this marriage is not recorded at the Religious Affairs Office (KUA).

Legality: Valid in Religion, Weak in the Eyes of the State

The question of whether a civil marriage can live together religiously is answered that it is allowed because the rukun has been fulfilled. However, according to positive law in Indonesia (Marriage Law No. 1 of 1974), marriage must be recorded.

Without a marriage certificate, the state considers the perpetrators of a secret marriage not bound by a valid marriage. Then there is one thing that is rarely realized is that a secret marriage couple can be reported to the police!

Because a secret marriage is not recognized by state law, the status of the relationship is considered a valid extramarital relationship. If one party (for example, the husband) is actually still bound by a valid marriage to another person, then the legal wife can report the secret partner for the crime of adultery.

Legally, adultery is regulated in Article 284 of the old Criminal Code and is now emphasized in Article 411 of Law 1/2023 (New Criminal Code) which will take effect in 2026.

Both articles threaten criminal penalties for anyone who engages in sexual relations outside of a valid marriage. However, it should be noted that this report must be accompanied by very strong evidence, such as evidence of a direct raid on the spot.

It should be emphasized, photos or just friendly chats are usually considered not strong enough as the main evidence in the police.

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Social Risks and Tuduhan Kumpul Kebo

The majority of scholars consider that the marriage is valid but its law is makruh. This is due to the order of the Prophet SAW to announce the marriage (walimatul 'urs).

Without official announcements and legal evidence, couples who live together are prone to gossip to the risk of raids by residents because they are considered to be gathering. In addition to criminal risks, living together without a marriage certificate poses long-term problems, including:

Children's Rights: Children find it difficult to obtain a birth certificate that legally lists the father's name. Inheritance Rights: The siri spouse does not have inheritance rights if one of them dies. Document Matters: Difficulty in handling the Family Card (KK) and residence that is synchronized.

Although your relationship is halal in terms of sharia, your country is still in a dangerous zone legally. In order for living together to be calm and free from the threat of police reports, it is highly recommended to perform Nikah Itsbat at the Religious Court so that your marriage is officially recognized by the state.

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