Religions sanction bonds of marriage without always requiring government involvement. Islam’s recognition of non-state-sanctioned marriage has become increasingly controversial as a late in Indonesia.
Islam recognizes marriages performed by religious clergy and observed by witnesses, even if they are not registered with the government. These unofficial marriages, called nikah siri, are banned by the 1974 marriage law, but carried out regularly without penalty to perpetrators nonetheless.
Islamic men are allowed to take up to four wives. In practice, some of these wives are often underage. The Ministry’s proposed change in the law would not ban polygamy, but it would require that all wives names be listed on official registries.
The country's largest Islamic organizations have staked their positions. Indonesian Ulema Council (MUI) and Muhamadiyah both support the Religious Affairs Ministry’s proposal to implement penalties of fines and jail time for violators of the ban on nikah siri. Leadership of Nahdlatul Ulama (NU), on the other hand, opposes the ban, arguing that criminal sanctions are inappropriate for those who do not publicly proclaim and celebrate their marriages.
Opponents of unofficial marriage raise concerns about vulnerability of women and children under such as arrangement, including their property and inheritance. Women’s rights groups support the proposal, saying that women are too often victimized in unofficial marriages. First wives are not always consulted upon subsequent unofficial marriage, while unregistered wives are left without legal protections.
Whereas marriage in the eyes of the state can cost as little as Rp. 30,000 (a little over US$3), violators of the new law would face fines of up to 5 million Rupiah and up to three months behind bars.
According to local news reports, while the Ministry supports the ban, Religious Affairs Minister Suryadharma Ali argued that nikah siri and the practice of polygamy that it supports are perfectly acceptable. Suryadharma said that marriages should not be secret, but they are legal so long as Islamic clergy conduct the wedding and there are witnesses. He compared unofficial marriage with buying a car.
The minister’s car analogy, while it may initially seem distastefully dismissive of a relation so sacred as marriage, is instructive. If the car is used for illegal activities, such as smuggling, after is it purchased, the maker of the car should not be found at fault.
Similarly, Islamic religious authorities should not be held responsible for transgressions, such as abuse of a spouse, that are committed within marriage.
This supports the government’s role, though, in registering marriage. Just as registering one’s car with the state helps society hold the owner responsible for crimes committed with his vehicle, so registering a marriage helps society hold responsible a husband who abuses his marriage bond.
No comments:
Post a Comment