The Impact of Secret Nikah (Islamic Marriage) and Approaches to Building a Stable Family the Islamic Way

Nikah (Islamic marriage) should be about building a life together that is transparent, open, and that creates a warm and safe society. But sometimes, secret nikah still occurs within Thai communities and within Muslim society, even during a time when we are all looking for a path grounded in religious principle and correctness. Secret nikah can bring impacts on women, families, and society at large. Some women end up facing situations of uncertainty, or without receiving the legal and religious protections they should be entitled to.

The Impact of Secret Nikah (Islamic Marriage) on Women and Families

Secret nikah, or nikah that is not disclosed, can give rise to various problems that may affect the life and welfare of women, as follows:

1. Lack of legal protection:
   Secret nikah is often not registered under the law, which means the woman does not receive the rights of a legal spouse, such as the right to custody of children, the right to financial support, and the right to protection from having her rights violated.

Research by Erkoc Baydar (2023) points out that secret nikah can leave women socially abandoned, particularly in cases where the spouse is irresponsible or violates rights that should be granted.

2. Lack of stability in married and family life:
   Secret nikah is often not long-lasting or is uncertain. Many women find themselves in a state of uncertainty and lacking psychological or financial support, which affects the mental state and living conditions of the women themselves, as well as any children born from that nikah.

A study by Sheibani (2024) points out that secret nikah in societies where the law is not aligned with religious principle is challenging, causing women to face instability and challenges in raising children.

3. Risk of falling victim to human trafficking:
   Secret nikah is linked to human trafficking in many areas of Asia, affecting women and children in communities, particularly women who are deceived or pressured into a nikah involuntarily.

The article Human Trafficking and Secret Marriages in Asia (2024) states that secret nikah is one channel that human traffickers use to violate human rights, giving rise to increased risk and danger for women and families.

Approaches to Building a Stable Family the Islamic Way

Nikah according to Islamic principle is the start of building a safe and stable family. Therefore, choosing the correct path according to religious principle and disclosure is the best way to protect women and build a warm society. Let’s look at which approaches can help build a stable family.

1. Conducting nikah according to religious principle openly and transparently:
   Islam emphasizes openness and transparency in nikah. Announcing the nikah status to society is not only a matter of respecting the religion, but also helps ensure women receive protection in a certain, established status.

Announcing the nikah status to society also protects women’s rights, such as the right to joint property, the right to child custody, and financial assistance from family and society.

2. Having a nikah contract that is valid under both law and religion:
   Drafting a clear nikah contract with provisions that protect women’s rights is important, as this contract can be used as a tool to protect both husband and wife, particularly in the event of problems or conflict arising in married life.

Making a nikah contract can also create a shared understanding of rights and responsibilities, including financial support and family care.

3. Support from family and community in building a stable married life:
   A community that places importance on building a stable and safe family is important for the development and support of spouses. Women should receive support from a strong family so that they feel secure and safe in married life.

According to the study Raharso & Barak (2022), support from family and community is an important factor that helps build stability and strengthen a good relationship with one’s spouse.

Conclusion:

Secret nikah is something that gives rise to instability and major impacts on the lives of women in many respects. Building a stable and transparent family under Islamic principles is important in helping ensure that women and families receive protection and safety. Therefore, disclosure and compliance with the requirements of religion and law is the best choice for building a stable, safe, and peaceful family life.

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.

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