The Effectiveness of Marriage Confirmation on the Certainty of the Legal Status of Siri Marriages at the Tilamuta Religious Court

An Empirical Juridical Study at the Tilamuta Religious Court

Abstract

This article analyzes the effectiveness of marriage confirmation (isbat nikah) on the legal status of unregistered marriages at the Tilamuta Religious Court and the factors influencing it. Unregistered marriages raise legal issues because they are religiously valid but lack state-recognized administrative evidence. This study uses an empirical juridical method, collecting data through observation, interviews, and document studies, followed by qualitative analysis. The results indicate that marriage confirmation (isbat nikah) provides legal certainty regarding marital status, facilitates population administration, and strengthens the protection of the rights of husbands, wives, and children. Data on marriage confirmation hearings at the Tilamuta Religious Court from 2020 to 2024 totaled 525, increasing from 20 in 2020 to 191 in 2024. Factors influencing the effectiveness of marriage confirmation include socio-cultural factors, economic factors, education and legal awareness, access to and availability of information, administrative factors and evidence, and reliance on oral traditions. This article confirms that marriage confirmation (isbat nikah) is effective as a means of legal certainty, but it requires more responsive outreach and service support.