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JAKARTA: Unregistered or "secret" Muslim marriages in Indonesia may soon be a crime.
The Yudhoyono administration wants to introduce tougher laws that will punish offenders with hefty fines, or even time in jail. Not everyone is happy about the proposed law, as some people said the state has no authority to invalidate Muslim marriages - secret or otherwise.
It is no secret that one of Indonesia's more prominent Muslim preachers, Abdullah Gymnastiar, secretly took a second wife. And so did popular singer Rhoma Irama, who is alleged to have had several secret vows - with up to four women.
Secret marriages are not uncommon in this mainly Muslim country, where rites are conducted in accordance with Muslim law but not registered with the state.
Masruchah, commission member, National Commission on Violence against Women said: "It is done in secrecy. All the time, civil servants who want a second, third, or more wives, practice secret marriage. Muslim clerics too have done the same."
The Indonesian government believes secret marriages are on the rise, and it wants to put a stop to it.
Professor Nasarudin Umar, director general, Indonesia's Religious Affairs Ministry said: "There is a tendency that marriage is being taken lightly. For example, people get married when they are out of town for a week to avoid committing adultery. But we know the purpose of marriage is not just to legalize sexual relations."
Professor Nasarudin played a key role in drafting the proposed law that will make secret marriages unlawful and punishable with hefty fines or a jail sentence. The bill is on the priority list and is scheduled to be tabled to parliament this year.
The National Commission on Violence against Women sees the bill as a form of protection for women and children.
Masruchah said: "Segments of the public say marriage is a private matter. But it involves children and wives, which then becomes a public matter. There will not be any protection in cases of violence at home if these marriages are not administered."
Cases of violence against women have doubled in recent years. Divorce too has been on the rise - hitting 200,000 cases annually.
Despite the worrying statistics, most Muslim Indonesians believe an unregistered marriage is permissible in Islam.
Professor Nasarudin said: "The edict by the Council of Ulama says 'secret' marriage is valid in Islam. But we have to look at the context. The marriage could be discouraged or even forbidden if it causes more harm."
The Indonesian government looks set for a showdown with conservative Muslim groups when the proposed law is debated in parliament.
But it is not only the conservative Muslims that the government will be up against. Many believe the state has very little power to prohibit secret marriage as long as the practice is still being sanctioned by the clerics. And this has been the most common avenue for most Muslim men to take another wife - without prior consent of the existing one.
- CNA/sc
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