PERCEPTIONS OF THE ACADEMIC COMMUNITY AT STDI IMAM SYAFI’I JEMBER TOWARD THE CRIMINALIZATION OF UNREGISTERED MARRIAGE

Abstract

The Criminalization of unregistered marriage (nikah siri) through Law Number 1 of 2023 concerning the Criminal Code raises concerns because it brings together the validity of marriage under Islamic law with the demands for legal recognition and legal protection by the state. This study aims to analyze the perceptions of the academic community at STDI Imam Syafi’i Jember regarding the criminalization of siri marriage and to assess these perceptions from the perspective of maṣlaḥah mursalah. This study employs a descriptive qualitative method with a socio-legal approach. Data were obtained through semi-structured interviews with six informants consisting of two lecturers, three students, and one educational staff member selected through purposive sampling, as well as documentary studies, and were analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings reveal two tendencies in perception. The first group supports the imposition of criminal sanctions as an instrument to regulate marriage and protect the rights of women and children. The second group rejects or limits criminal sanctions, particularly imprisonment, because siri marriage that fulfills the pillars and conditions of marriage is still considered valid under Islamic law, while criminalization may potentially cause harm to families. Both groups recognize the importance of marriage registration but differ in assessing the proportionality of criminal sanctions and the limits of state intervention. The maṣlaḥah mursalah analysis indicates that limiting criminal sanctions and prioritizing administrative mechanisms are more consistent with the principle of public benefit, particularly in protecting the life and property of families. This study contributes to the development of Islamic Family Law scholarship by demonstrating that the protection of women and children does not necessarily have to be pursued through criminalization but can also be achieved through administrative and remedial approaches while maintaining the validity of marriage under Islamic law.