SIRI MARRIAGE LAW IN ISLAM

Lately busy talking about marriage siri. Because the government has prepared a draft bill (the bill) the Religious About Marriage discussing siri marriage, polygamy and temporary marriages. In the bill, unregistered marriage is considered illegal so couples undergoing marriage be criminalized model, including the imprisonment of 3 months and a maximum fine of Rp 5 million. Penalties also apply to those who marry or be given in marriage siri marriage, polygamy, or marriage contract. Each prince who married a person with problems, for example, is still tied up in a previous marriage, would be punishable by one year in prison. Religious Affairs Office employee who wed bride without a full loaded also threatened a fine of Rp 6 million and 1 year in prison.


Therefore, the Bill (the Bill) the Religious About Marriage was rejected by many, as it will bring bad effects and indirectly will increasingly foster prostitution. How exactly is the Islamic view of Nikah Siri?
Series etymologically means something hidden, secret, slowly. (Ibn al Mandhur, Lisan al Arab: 4/356). The series also sometimes interpreted adultery. As in verse; ولكنلاتواعدوهنسرا
"But do not you make arrangements for adultery (or sexual intercourse) with them" (Surat al-Baqara: 235).
Sirran the above paragraph in the opinion of some scholars means adultery or sexual intercourse. (Tafsiral Qurtubi: 3/126)
Nikah Siri in the view of society has three senses:
Definition One: Nikah Siri is marriage performed clandestinely without a guardian and a witness. Inlah terms that have been revealed by Imam Shafi'i in the book Al Umm 5/23.
"From Malik from Abu Zubair said that one day Umar received a report about a wedding that was not seen except a man and a woman, he said:" This is a marriage Sirri, and I do not allow, if I know it, will be my stoning ( culprit) ".


Weddings Siri in the form of the first law is valid.
Definition two: Nikah Siri is marriage, which was attended by the mayor and the two witnesses, but witnesses could not be announced to the public.
The scholars differed on the law of marriage like this:
The first opinion: states that marriage such laws valid but makruh. This is the majority opinion scholars, such as Umar ibn Khattab, Urwah, sya'bi, Nafi ', ​​Imam Abu Hanifa, Imam Shafi'i, Imam Ahmad (Ibn Qudama, al-Mughni, Beirut, Daar al Kitab al Arabi,: 7 / 434 -435). The evidence is the hadith of Aisha RDH, that the Messenger of Allah said:
لانكاحإلابوليوشاهديعدل
"No valid marriage except with a guardian and two witnesses fair" (HR Daruqutni and al Bayhaqi) This Haditst dishahihkan by Ibn Hazm in al-Muhalla: 9/465).
The above hadith indicates that a marriage if you have attended a guardian and two witnesses is valid, without the need to be announced to the public.
The second opinion: states that marriage as this law is invalid. This opinion is held by some of the scholars Malikiyah and schools Hanabilah (Ibn Qudama, al-Mughni: 7/435, Shaykh al Uthaymeen, ash-Sharh al-Mumti'' ala Zaad al Mustamti ', Dar Ibn al-Jawzi, 1428, cet. First : 12/95). Even scholars Malikiyah require her husband to divorce his wife immediately, or cancel the marriage, even those states had enforced mandatory to the bride and groom if they prove to have sexual intercourse. Likewise, the two witnesses must be given sanctions if deliberately to conceal the marriage the bride and groom. (Al Qarrafi, Ad Dzakhirah, tahqiq: DR. Muhammad al hajji, Beirut, Dar Al Gharb Al Islami, 1994, cet: first: 4/401) They postulated to what was narrated by Muhammad ibn al Jumahi Hatib, bahwasannya Messenger of Allah said :
فصلبينالحلالوالحرامالدفوالصوت
"Distinguishing between a halal (marriage) and haram (adultery) is a tambourine and drum sounds" (HR an Nasai and al Hakim and he menshohihkannya and dihasankan others).
Narrated Aisha, bahwasannya Messenger of Allah said:
"Know marriage, Thou in the mosque, and beat tambourines to announce it." (Tirmidhi, Ibn Majah) Imam Tirmidhi said: This is a hasan hadeeth Gharib this chapter.
Definition three: Marriage Siri is marriage performed by a guardian and two witnesses were fair and the consent qabul, it's just that marriage is not recorded in the agency records state, in this case is KUA.
There are several factors that encourage a person not registered their marriage to KUA, among other things, costs, workplace or school that does not allow married for work or school, social factors can not receive more than one marriage and so forth.
How Siri Marriage Law in the form of these three?
First: According to Shariah glasses, siri marriage in this category, the ruling illegal and contrary to the teachings of Islam, because the requirements are met and the harmonious marriage, so there is no sin.
Second: According goggles positive law in Indonesia with reference to the above marriage bill, then the marriage siri is applicable sanctions.
Noting marriage at KUA does have serious benefits. Minimal evidence someone has legally married and eliminate steps su'udzan people who do not know. But severe sanctions such as the above, it seems worth considering again. Or if it should be established, should be sanctioned adultery much doubled because obviously destructive moral, society and religion. The impact is multiplied times worse than marriage is not registered at KUA. Hopefully the government can more wisely. Wallahua'lam.