Unregistered Marriage in the Country, Jane Shalimar Doesn't Need to File for Divorce in Religious Court

Kapanlagi.com - The marriage between Jane Shalimar and Cecep Adjat Sudrajat alias Arsya Wijaya is currently facing problems. Represented by her legal counsel, Ramdan Alamsyah, last December, Jane is said to be filing for divorce in the Religious Court.

However, upon investigation, it turns out that the marriage between Jane and Arsya has not been registered by the state. Therefore, it does not need to go through the court process.

"If we use religious terms, it is called a secret marriage, if we use legal terms, it is an unofficial marriage, and it is not registered administratively. In my opinion, it should be resolved within the family because in court, it has to be proven with a marriage certificate, while the marriage is not recorded in the Religious Affairs Office," said Hamid Dulmajid, the Head of the East Teluk Jambe Religious Affairs Office in Karawang Regency, West Java, as quoted from a video circulating among the media, on Tuesday (5/1/2021).

1. Religiously Valid

Although not registered, Hamid Dulmajid stated that the marriage of Jane Shalimar and Arsya Wijaya, which took place on February 20, 2020, is still valid religiously. Because it was not done in secret and has fulfilled the Sharia.

"Religiously, the marriage is valid because it fulfills the law and requirements. However, in terms of formal legal administration, it does not yet have legal force," he said.

2. Marriage Bond has been Broken

Furthermore, in terms of religion, Jane Shalimar and Arsya Wijaya can no longer be considered husband and wife. Because the man has already given three divorces. If Jane wants to reconcile, she must get married again.

"In my opinion, if there has been a written or verbal declaration of divorce and there is evidence, the marriage bond has already been broken. Because it started with religion and ended with religion. So there is no need to go to court, no need. As long as she already has a record of her husband declaring divorce," said Hamid Dulmajid.

(kpl/abs/tmd)