Unregistered Marriage Among Muslim University Students: Between State Legality and Religious Legitimacy

Pernikahan Siri di Kalangan Mahasiswa Muslim: Antara Legalitas Negara dan Legitimasi Agama

Abstract

Unregistered marriage (nikah siri) among Muslim university students presents a persistent tension between state legality and religious legitimacy. This article critically examines the phenomenon occurring in Indonesian Muslim campus environments by analyzing its normative constructions, socioeconomic driving factors, and socio-legal consequences. Under classical Islamic jurisprudence, nikah siri is considered valid once its pillars and conditions are fulfilled; however, the Indonesian state does not recognize its validity because the marriage is unrecorded by the Office of Religious Affairs (KUA). This legal dualism structurally places women and children in a vulnerable position. Students choose this path due to economic pressure, the desire to avoid premarital relations, and insufficient awareness of legal implications. Drawing on legal pluralism theory and a socio-legal approach, this article concludes that nikah siri is not merely a religious preference but a response to complex social and legal conditions requiring comprehensive action from the state, educational institutions, and religious communities.