W

hile unofficial marriage (nikah siri) is recognized under Islamic law, the government finds it necessary to regulate marriages to prevent its negative impacts, a minister says.

Religious Affairs Minister Suryadharma Ali said Tuesday that essentially such marriages were valid from Islamic law point of view.

“The difference between [registered marriages] and unofficial marriages is that nikah siri goes unregistered. But, still, these marriages are officiated in the presence of family members and witnesses, which satisfies the [Islamic] requirements for marriage,” Suryadharma said.

“So, there is no problem from a sharia point of view. From the government’s perspective, however, these marriages are an administrative violation because, according to existing regulations, marriages should be registered before a [religious] court, not to mention the inevitable negative impacts of such marriages,” he added.

These negative impacts included that children were deprived from inheritance, men continued to act irresponsibly and women were not protected properly, Suryadharma said.

Similarly, Justice and Human Rights Minister Patrialis Akbar said unregistered marriages denied married couples their rights and obligations, and were detrimental to children.

“If you want to get married, register your marriage so there is legal certainty, including for your children,” Patrialis said.

“So for men, I’m sorry, but please ... you can’t just use women. Where is your sense of responsibility? That is part of marriage. If children are conceived they are a man’s responsibility [too].”

The government was studying the draft, Patrialis said, adding that he thought unregistered marriages should be treated as a crime.

On Sunday, Indonesian Ulema Council (MUI) chairman Mar’uf Amin said his office supported the government’s proposal to regulate marriages. The draft bill is currently listed in the National Legislation Program, which means it will be given priority for deliberation.

The bill stipulates that unofficial and contractual marriages are unlawful. Under the bill, those who are involved in unofficial marriage ceremonies, including witnesses and guardians, would also be subject to penalties. Penalties range from 6 months to 3 years in prison.

Women’s rights organizations including the National Commission on Violence against Women (Komnas Perempuan) and Aalimat, a Muslim-based organization for women’s rights, said they welcomed the proposal, adding that they would be careful to read the fine print.

“I welcome the regulation as long as it aims to offer justice to women,” Aalimat secretary-general Maria Ulfah Anshor said Tuesday. In most cases of unofficial marriage women were victims, she said, adding that the law should make sure victimized women did not get punished.

Commission member Masruchah said her office planned to scrutinize the bill immediately.

“We agree that unofficial marriage should be regulated for women’s sake,” Masruchah said. “But we saw some questionable articles including those regulating inheritance. They seem to treat women unfairly.”

The bill is crucial for women’s rights, Maria said, adding that she hoped to be involved in the deliberations in parliament.

“The government should not be hasty in passing the bill,” she said.