What Is Marriage Sirri?

Marriage sirri or "marriage‘ urfi / zawaj ‘urfi" has two meanings or definitions as they spread in society.

1. Marriage without guardians and witnesses
This is NOT legal because the marriage conditions are not fulfilled

2. Marriage by fulfilling the perfect terms and conditions, but not too widely disseminated, only a few people or groups who know and this marriage is not recorded in the KUA
SAH's strongest legal opinion, but sinful because it is not obedient to government regulations / waliyul ‘amr

The following discussion:

1. Marriage without guardians and witnesses
This is NOT SAH because there is no legal requirement for marriage

For example, two lovebirds that were not approved by both parents ran together and then married without guardians or without witnesses

Marriage is not valid because of marriage there must be a guardian. The Prophet sallallaahu ‘alaihi wa sallam said,

ﻻَ ﻧِﻜَﺎﺡَ ﺇِﻻَّ ﺑِﻮَﻟِﻲٍّ ، ﻭَﺍﻟﺴُّﻠْﻄَﺎﻥُ ﻭَﻟِﻲُّ ﻣَﻦْ ﻻَ ﻭَﻟِﻲَّ ﻟَﻪُ.

"It is not legal to marry except with the presence of a guardian, and the ruler is a guardian for those who don't have a guardian."

Another narrative,

ﻻَ ﻧِﻜَﺎﺡَ ﺇِﻻَّ ﺑِﻮَﻟِﻲٍّ ، ﻭَﺷَﺎﻫِﺪَﻱْ ﻋَﺪْﻝٍ.

"It is not legal to marry except with the presence of a guardian and two just witnesses."

Allah says,

ﻭَﻟَﻜِﻦ ﻻَّ ﺗُﻮَﺍﻋِﺪُﻭﻫُﻦَّ ﺳِﺮًّﺍ

"... In that do you not promise to marry them in secret" (Al-Baqarah / 2: 235).

2. Marriage with perfect fulfillment of terms and conditions, but not too widely disseminated, only a few people or groups who know and marriage is not recorded in KUA
The strongest legal opinion is SAH, but it is sinful because it does not comply with government regulations / waliyul ‘amr.

There is a clash of scholars regarding the law of marriage whether legal or not, this strongest opinion is the opinion of Syaikhul Islam Ibn Taymiyah,

ﻓﺈﺫﺍ ﺍﻟﻨﻜﺎﺡ ﺍﻟﻌﺮﻓﻲ ﻗﺪ ﻭﻗﺒﻮﻝ ﺑﺈﻳﺠﺎﺏ ﻣﻦ ، ﻭﺷﻬﺪ ﻋﻠﻴﻪ ﺷﺎﻫﺪﺍﻥ ، ﻭﺟﺮﻯ ﺍﻹﻋﻼﻥ ﻋﻨﻪ ، ﻓﻬﺬﺍ ﺍﻹﻋﻼﻥ ﺷﺮﻋﻲٌّ ﺻﺤﻴﺢ ﻓﻬﺬﺍ ﺯﻭﺍﺝ ﺷﺮﻋﻲٌّ ﺻﺤﻴﺢ ، ﻭﺇﻥ ﻟﻢ ﻳﺴﺠﻞ ﻓﻲ ﺍﻟﺪﻭﺍﺋﺮ ﺍﻟﺮﺳﻤﻴﺔ ،

"If the marriage‘ urfi has been perfect and the qabul is fulfilled, witnessed by two witnesses and has been announced, then this is a syar'i and legal marriage. Although not recorded in the official office (KUA). "

Because there were witnesses and were attended by several people and close relatives, this included an announcement (an announcement) and was no secret. It's just that it is not recorded in the KUA and is not more widespread or the announcement spreads more widely.

Likewise, the fatwa from Al-Lajnah Ad-Da`imah explained that this marriage was legal but recorded it in the KUA as mandatory,

إذا تم القبول والإيجاب مع بقية شروط النكاح وانتفاء موانعه صح نانونا يتوقف عليه ما للطرفين من المصالح الشرعية الحاضرة والمستقبلة للنكاح وجب ذلك

"If the contract of consent is complete and all the conditions of marriage have been fulfilled and there are no barriers that cancel the contract, then this kind of marriage is legal. If there is a regulation / law that the registration of a marriage contract carries a problem for both brides both for the present and the future, then the registration of this contract (recording at KUA) must be obeyed. "

Not registering a marriage at KUA is sinful because it is a command of the Shari'ah to obey and obey the authorities as long as they do not violate the commands of Allah and His Messenger.

Allah says,

يُّهَا الَّذِينَ آمَنُواْ أَطِيعُواْ اللّهَ وَأَطِيعُواْ الرَّسُولَ وَأُوْلِي الأَمْرِ مِنكُمْ

"O ye who believe, obey Allah and obey the Messenger (Him), and ulil amri (leader) among you" (QS. An-Nisa ': 59).

Moreover, this recording is very useful for a number of cases going forward and as reinforcement if the witness forgets or has died, or for pending cases such as dowry and some other problems.

So hopefully useful

notes. KUA = religious institution office