Anita Rachman & Muninggar Sri Saraswati – The Constitutional Court chief on Sunday threw his weight behind a forthcoming bill to fine or jail men who failed to register their marriages in order to skirt polygamy restrictions.

Mahfud MD said that unregistered marriages, known locally as siri, should be stamped out to protect women and children. A bill to amend a religious law on marriage is due to be debated in the House of Representatives sometime this year.

"I completely agree with the bill as many people have become victims" of unregistered marriages, Mahfud said. "The children are neglected while [women] are made objects of lust."

Nasaruddin Umar, director general for Islamic guidance at the Ministry of Religious Affairs, said that the ministry also supported the legislation. He warned that once the bill was passed by the House, all citizens would be required to register their marriages or face legal sanctions.

"No more unregistered marriages," he said. "All marriages should be legally registered with the state."

Nasaruddin said the ministry had reviewed numerous cases of men entering into unregistered unions for their own benefit, including under the guise of "avoiding committing sin" through adultery. He also said that some men remarried without the consent of their first wives, which violated polygamy laws.

"In Islam, marriage is very sacred and holy. No man is allowed to fool around with it," Nasaruddin said.

The Religious Affairs Ministry started drafting the bill three years ago with the aim of protecting women and children. "The draft is now with the State Secretariat and is ready to be handed to the president for review," Nasaruddin said.

Article 143 of the bill states that "anyone who intentionally conducts a marriage without a marriage registrar faces a maximum fine of Rp 6 million [$642] or six months imprisonment."

The existing Law No. 1/1974 on Marriage requires people to register their marriages with the appropriate civil registry office. However, there are no penalties for violators.

Nasaruddin said the bill would not ban polygamy, adding that men would still be allowed to marry up to four women so long as they met the legal requirements, which include getting the written consent of their wives. "However, all four marriages must be registered," he said.

Ma'ruf Amin, head of the Indonesian Council of Ulema (MUI), said unregistered marriages were permissible in Islam, but could be sinful if they caused problems for the wives or children.

If all the conditions required by Islamic law were met, such as having witnesses and guardians present, he said, then the marriage would be considered valid.

"However, if the marriage creates hardship for other people, such as the husband abandoning his other wives or children, then it is forbidden," Ma'ruf said. He acknowledged that some siri marriages resulted in abandoned wives and children, and said that was likely the driving force behind the bill to have all marriages registered.

Ma'ruf said it was up to legislators to determine the country's civil law and to set out punishments for those who broke it. "When people conduct siri marriages, it may be legal in accordance with Islam, but they should also be aware of civil law and its sanctions," he said.