What Is Secret Nikah?
Secret nikah, or secret marriage, is a marriage conducted privately without registration or announcement to society. This phenomenon is a cause for concern in Thailand, particularly when foreign men enter into marriage with Thai women without disclosure or legal recognition. This lack of registration leaves women and children without the legal protection and rights they should have, and also increases the risk of falling victim to human trafficking (Erkoc Baydar, 2023; Sheibani, 2024).
The Islamic Perspective on Secret Nikah
According to Islamic principle, marriage should be an expression of justice and social responsibility. Religious scholars generally do not support secret nikah, since it conceals marital status in a way that contradicts the principles of transparency and social responsibility. Secret nikah leaves women without religious protection and without rights should the marriage come to an end, and is therefore not in keeping with the principle of justice in Islam (Raharso & Barak, 2022; Erkoc Baydar, 2023).
The Hidden Impact on Thai Women
Many foreign men tend to conceal information about the marriage, not allowing photographs or details of the marriage to be shared on social media. Such conduct may be cited as a matter of culture or religion, but in fact it is concealment of the marriage in order to avoid responsibility. When the marriage is meant to be ended, Thai women therefore often lack the standing to request assistance or legal protection (Sheibani, 2024).
Legal and Social Impact on Women and Children
Secret nikah leaves women without the legal protection necessary to claim child support and property, causing Thai women in this situation to face economic hardship and to raise their children alone. Children born from such marriages also face a lack of legal status, making it difficult for them to access rights such as education and medical care, which affects their future and quality of life (Erkoc Baydar, 2023).
The Link Between Secret Nikah and Human Trafficking in Southeast Asia
Secret nikah has become a channel for human trafficking in Southeast Asia. Traffickers exploit the legal gap created by the absence of formal registration to access and take advantage of Thai women, without bearing legal responsibility. Using secret marriage as a channel for luring and exploiting victims in this way results in serious violations of the rights of women and children (Human Trafficking and Secret Marriages in Asia: The Unseen Impact, 2024).
Araya Nikah Company’s Position on Secret Nikah and Public Disclosure of Marriage
Araya Nikah, Nikah Planner and Consult Co., Ltd. does not support secret nikah, holding to the principle that transparency and public announcement of marital status are necessary to protect women and children. The company encourages recording photographs and video of the nikah, as well as sharing wedding information on social media or community networks, in order to build a standard of accountability in society.
This disclosure not only helps reduce the problem of exploitation, but is also in keeping with Islamic principles of justice and transparency, helping the community formally accept the marriage and reducing the risk of exploitation that could otherwise arise.
Conclusion and Recommendations
Secret nikah in Thailand and its link to human trafficking is a problem that urgently requires legal reform and increased social awareness. Agencies in Thailand, together with community organizations, should cooperate in establishing a marriage registration system that is accessible and safe, so that those concerned can fully comply with it.
Strengthening a legal framework aligned with human rights standards will help reduce the risk of exploitation arising from secret nikah, creating safety and fairness for women and children in Thailand. Thai society can reduce the risks associated with secret nikah through raising awareness, improving access to legal resources, and effective law enforcement.
References
- Erkoc Baydar, T. (2023). A Secret Marriage and Denied Rights: A Critique from an Islamic Law Perspective. Religions, 14(4). DOI:10.3390/rel14040463.
- Sheibani, M. (2024). Deceptive Debauchery: Secret Marriage and the Challenge of Legalism in Muslim-Minority Communities. Religions, 15(1). DOI:10.3390/rel15010010.
- Raharso, A., & Barak, A. (2022). Up Marriage in Secret according to Islam and Catholic: A Comparative Study on Religious Laws. International Journal of Asian History, Cultures and Traditions, 12(2), 149-151.
- Human Trafficking and Secret Marriages in Asia: The Unseen Impact (2024).