📜 Akad nikah · #41
Is a nikah siri or an unregistered marriage valid?
A marriage that fulfils its pillars and conditions (including a wali and two witnesses) may be valid in fiqh, but failing to register it is an offence under the state Enactment and exposes the wife and children to great risk.
Without registration, the wife will find it hard to claim maintenance (nafkah), jointly acquired matrimonial property (harta sepencarian) and inheritance, and the children will find it hard to obtain documents. A secret marriage without a wali or witnesses is invalid. If a marriage took place without registration, apply at once for confirmation and registration at the Syariah Court. Never keep a marriage secret. See Nikah siri, misyar & urfi and States.
Without registration, the wife will find it hard to claim maintenance (nafkah), jointly acquired matrimonial property (harta sepencarian) and inheritance, and the children will find it hard to obtain documents. A secret marriage without a wali or witnesses is invalid. If a marriage took place without registration, apply at once for confirmation and registration at the Syariah Court. Never keep a marriage secret. See Nikah siri, misyar & urfi and States.
Sumber
Sunan Abu Dawud 2085 (sahih)Narrated by at-Tirmidhi and an-Nasa'i (hasan) — the hadith on beating the tambourine as what distinguishes the lawful from the unlawful