The Woman’s Position and Undocumented Marriage (A case in a village at East Java Province, Indonesia)

Abstract

The term of undocumented marriage is only known in Muslim community in Indonesia. Undocumented marriage is a legal type of marriage based on Islam as long as it is meets the marriage’s legal requirements; however, it is diverge from the state rules because it is not registered in the authorized institution for marriage. A woman who married with this type of marriage, based on law and administration, has no clear identity before the state. It will make her difficult to have her right as a wife. Undocumented marriage will give weak position for children by law. In addition, women’s position in this type of marriage is the disadvantage object. Although undocumented marriage has negative impact especially on women and children; in Warurejo, however, this marriage is widely dispersed among the community. Research is conducted in Warurejo village, East Java using qualitative, quantitative and semantic approaches. Research result shows that the women’s position in this undocumented marriage is having discrimination, subordination, no bargaining power in the family, and susceptible for cervix cancer. They do not have any option for the future because it is determined by family, norm and value system prevailed in the community.

Keywords: Undocumented marriage, norm, value system,subordinate