Nikah Sirri (Unregistered Marriage) in Ternate City: Between Fiqh Validity and a Lack of Legal Protection: A Socio-Legal Analysis

Abstract

(Nikah sirri (unregistered marriage) in Ternate City is a socio-legal phenomenon shaped by the complex interplay of Islamic legal norms (fiqh), socio-economic conditions, gender relations, local culture, and the state’s role. Understanding nikah siri requires more than viewing it as a mere administrative violation; it results from these intersecting factors. While fiqh-based principles provide religious legitimacy for nikah siri within the community, state law has not been fully effective in providing legal protection from the outset of marriage. This study uses a socio-legal approach and qualitative methods to examine how socio-economic factors and gender relations sustain nikah siri and contribute to gaps in legal protection. Findings show that economic hardship, widespread informal employment, geographic isolation in the archipelago, and low legal literacy cause communities to view marriage registration as burdensome. Unequal gender relations make women and children especially vulnerable, as lacking a marriage certificate creates legal uncertainty in marital status, maintenance rights, inheritance, and access to public services. The socio-economic structure thus both sustains nikah siri and perpetuates protection gaps. The isbat nikah (marriage legalization) process remains reactive and corrective rather than preventive, as seen in the fluctuating numbers of such cases in Ternate City. This study concludes that nikah siri highlights the state’s structural failure to bridge religious and positive law inclusively. A socio-legal approach is needed—one that treats law as part of social dynamics and promotes preventive, gender-sensitive, and justice-based state interventions.)