Sirri Marriage of Indonesian Woman Migrant Workers

in Saudi Arabia

Khaeron Sirin

, Munzier Suparta

, Imam Subchi

, Muhammad Maksum

and Rena Latifa

UIN Syarif Hidayatullah

akarta, Jl.

uanda, No. 95, Tangerang Selatan, Banten, 15412, Indonesia

Keywords: Sirri marriage, informal marriage, women, migrant workers, Indonesian women migrant workers (TKW)

Abstract: This study analyze some factors that have driven Indonesian women migrant workers in Saudi Arabia to

have an informal marriage (sirri marriage) and to examine the impacts of this kind of unofficial marriage in

relation to legal, economic, social and psychological aspects of the lives of these women. The research

demonstrates that some Indonesian women migrant workers in Saudi Arabia have conducted sirri marriage

since many years ago. Result shows, the practice of sirri marriage, is not registered legally as an official

marriage, has given birth to diverse problems, such as the existence of fake marriage certificate, the

negligence of women’s rights, and the legal status of children born outside of legal marriage.

1 INTRODUCTION

The number of Indonesians working abroad has

increased dramatically over the last two decades.

Surprisingly, the total number of female migrants

exceeds that of men. In 2002, 76 percent of 480,393

overseas workers were women. 94 percent of these

women worked as domestic helpers in Middle

Eastern, East Asian and Southeast Asian countries

(Sondakh and Naovalitha 2003).

Becoming a women migrant worker is regarded

as a panacea for many poor rural families. These

people leave their homes and families due to the lack

of job opportunities in their villages. Salaries abroad

are too tempting and are usually higher than what

they can get in big cities such as Jakarta. Success

stories of women migrant worker returnees who

purchase new houses, vehicles, and electronic

equipment give those in the village an incentive to

want to travel as well without thinking about the

risks. Gaps in the system make requirements easy to

fulfill. The women only know that they have to be at

least 18 years old, healthy, know how to read, and

can pay part of the placement fees.

There was some study about women migrant

workers. This study try to explore the phenomenon

of woman migrant workers in Saudi Arabia. As a

profession, women migrant workers in Saudi Arabia

has a tight schedule and hard activity. They also

have to experience long distance relation with their

family. This condition have a considerable impact

on the fulfillment of their psychological and

biological needs, who are in fact relatively young.

The women migrant workers desire to meet their

family or to get married in their hometown should be

suspended until their employment contracts are over

or they have permission from their employers to

return to their homeland.

As an alternative solution or perhaps an escape

from all problems and busy work as domestic

workers, many of them do informal marriage or

commonly known as ‘sirri marriage’ (or unofficial

marriage).

This study question some factors that have

driven Indonesian women migrant workers in Saudi

Arabia to have an informal marriage (sirri marriage)

and to examine the impacts of this kind of unofficial

marriage in relation to legal, economic, social and

psychological aspects of the lives of these women.

2 LITERATURE FRAMEWORK

Sirri marriage is not a matter of Indonesian law, but

rather the law of Islam experienced by countries

with predominantly Muslim, particularly in

countries of the Middle East (Kanto and Kholifah

2015). Sirri marriage criminalize attempts have

failed in the state of Israel and Turkey some time

ago. While in Saudi Arabia increased the number of

Sirin, K., Suparta, M., Subchi, I., Maksum, M. and Latifa, R.

Sirri Marriage of Indonesian Woman Migrant Workers in Saudi Arabia.

DOI: 10.5220/0009919308930897

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 893-897

ISBN: 978-989-758-458-9

893

misyar marriage. The Ulama (Islamic leader) there

allow it as qualify for the validity of marriage.

Conceptually based on a joint understanding

about “sirrun” & “nikkah” words, the sirri marriage

is a secret or hidden marriage (Kanto and Kholifah

2015). At least there are some indicators of a

marriage as an element of Sirri (secret) or not: first

marriage is not requisitely and principly of marriage

in accordance with the provisions of the Islamic

religion. Second, is a marriage that does not present

by the Registration of Marriage Officer to obtain

legal certainty. Third, marriage does not hold

walimah / reception.

Sirri marriage phenomenon can be analyzed

through the theory of the Social Construction of

Peter L. Berger (Berger 1990). Social construction,

namely: externalizing, internalizing, objectification.

Externalization can be interpreted as a desire and

personal motivation of the people who want to be

recognized. For example is the desire to do

polygamy to avoid adultery. Whereas in the case of

sirri marriage Internalization can be interpreted as

the norm or principle deeply held by community

members. For example, is a high tribute to Kyai, the

important notion that married is legitimate by

religion and social status as a wife is better than

being single. The objectification is the result

between internalization and externalization. Sirri

marriage is the result of objectification.

Indonesian women migrant worker

Since the 1970s, the Saudi Kingdom has

experienced oil-revenue driven high-GDP growth, a

shortage of Saudi nationals in its labour market, and

an increase in Saudi women obtaining higher

education and becoming employed in non-domestic

sectors (Park 2017). Because household duties are

carried out predominantly by maids in Saudi culture,

these factors have increased the demand for non-

Saudi domestic workers. By 1983, as Saudi Arabia

was experiencing changes in its employment trends,

the Indonesian state simultaneously started to

integrate labour export into its economic

development plans (Park 2017). Agencies were

permitted to recruit women to work in Saudi Arabia

as maids. This was intended to shrink Indonesia’s

unemployment rate, while new streams of foreign

exchange and remittances were to boost Indonesia’s

GDP growth and reduce the country’s deficits. The

Saudis benefited from Indonesia’s new economic

strategy as well: the new labour export satisfied the

labour vacuum left behind by the elevating status of

Saudi women at low costs. Labour regulatory

loosening in 1983 immediately led 55,976

Indonesians, both men and women, to work in the

Arab state. By 1989, this number had quadrupled to

223,576, and by 1994, it had risen to 384,822. Of the

384,822 labourers, over a third were women

employed in domestic service. As demonstrated,

economic developments in both Indonesia and Saudi

Arabia have led to the influx and diaspora of female

Indonesian maids in Saudi Arabia (Park 2017).

3 RESEARCH METHODS

3.1 Demographic Information

The sample of this study was 35 participants.

They were all Indonesian women migrants worker in

Saudi Arabia, comes from different area of

Indonesia. We use snowball sampling technique to

recruit the participants.

3.2 Measurements

Participants interviewed by the researchers, using

semi structured questions (Moleong 2007),

questioning their (a) perceptions and practices in

sirri marriage during their stay in Saudi Arabia, (b)

reasoning and the objectives of their sirri marriage,

4 RESULTS AND DISCUSSION

4.1 Perceptions and Practices in

Sirri Marriage of Women

Migrant Workers

Understanding sirri marriage among Indonesian

women migrant workers in Saudi Arabia is unique.

Their perception or view of it is very simple, namely

a marriage between a man with a woman who are

married by a local headman (penghulu) who is

appointed as the representative of the prospective

bride's guardian, witnessed by two witnesses and is

attended by a number of bride’s friends. The

implementation is quite short, practical, and

inexpensive. No special arrangements and no need

document requirements like those that are obligated

in the legal marriage at the consulate general. They

could carry out the sirri marriage anytime and

anywhere as per their wish. Typically, after both the

bride and the groom agreed to do sirri marriage,

then they determine the time, while the prospective

groom prepared funds to do the sirri marriage.

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For sirri marriage, normally the prospective

bridegroom looking for candidates of headman who

will act as the representative of the bride’s guardian.

Usually, the person who acted as the headman

comes from fellow migrant workers or Indonesian

people who have lived in Saudi Arabia for long time

and is considered as a cleric or religious leaders.

While the two witnesses from the bride and the

groom’s friends.

Once everything is ready, then the headman

always asks about the status of the bride, "Who is

the bride’s guardian?", "Is it with the permission of

her parents or family?" On this question, the bride

will answer that her status is “girl or widow”, her

guardian has allowed the sirri marriage, and the

guardian or family appealed to the headman to be

acted as her guardian to marry her. Information,

permits, and the request is usually evidenced by

phone that listened to the headman and all invited

people in the marriage. Based on that evidence by

phone, then the headman carries out his duties to

marry the bride.

However, sometimes the sound from the phone

that is listened to the headman is actually not the

bride’s guardian or family in their hometown in

Indonesia, but usually they are the bride/groom’s

friends who work in Saudi Arabia. The friends

pretend to be a parent or guardian of the bride. In

other words, in certain cases, a parent or guardian of

the bride is not real (deception).

After ijab-qabul of sirri marriage, they celebrate

the marriage with the invited people by eating

together—typical menu called rice "Albaik" (Arab-

style of fried chicken) and soft drinks. Therefore, the

marriage is also commonly called “Albaik

marriage”. With the implementation of such

marriage, the man and the woman are considered

legally become husband and wife.

A. Reasons and Objectives of Sirri Marriage of

Women Mirgrant Workers

In general, the phenomena of sirri marriage

among migrant workers in Saudi Arabia is based on

the factors of necessity rather than pleasure. This is

motivated by emergencies or problems that they

face, so that consciously or not it has forced them to

do hidden marriage. In more details, some of the

reasons and the purposes of doing sirri marriage are:

1. Obtaining Personal Protection and Security

The women migrant workers stated that the

reason they want to do sirri marriage is to get

protection and security from a person. This is

because women migrant workers who are far

from their family need protection from a wide

range of possibilities that will happen to them,

either while in the residence/rented houses

(flats) or in certain places. This becomes very

important, because they live in Saudi Arabia

that has different rules and culture with those in

Indonesia. In this case, women according to the

terms and Arab culture does not have freedom

as that belongs to men. In addition to the

protection and security of the arrest of the

police, their sirri marriages are also intended to

obtain protection of other crimes, such as street

crime and other crimes in certain places.

2. Getting Shelter (Mas’ul)

As it is known, not all migrant workers from

Indonesia who work in Saudi Arabia are

processed through official procedures, so many

of them are illegal. Various kinds of Indonesian

workers are not legal, such as those who escape

from their employers and those who went to

Saudi for umrah or pilgrimage purposes, but

they settle down and find job there. The what

they need are shelter and people who can find

them job.

The women mirgrant workers also disclose

many reasons of why they run away from their

employers, such as: unpaid salary, experiencing

inhumanely treatment, getting tortured

(violence)

, abused/raped, influenced by broker’s

persuation, and to get better income.

3. Fulfilling Biological Needs

The need biological desire is human nature that

cannot be eliminated, and humans are not

capable to avoid it forever. Therefore, religion

rules about marriage (Quran, 3: 3). Indonesian

women migrant workers working in Saudi

Arabia are also humans. They also have natural

tendency to love and to be loved. Therefore,

they also want to have sexual relations between

men and women, like marital relationship. Sirri

marriage is the only legitimate way that they

deem to be able to deliver their biological

needs. They do not want to be bothered and

think about the theory and legal issues, both

religious law and state law. The important thing

for them is to fulfill their sexual desire, like

husband and wife, even though by sirri

marriage.

4. Avoid Adultery

Adultery is an act that is prohibited or forbidden

by religion, because adultery is a heinous act

and the penalties are very severe, especially for

adulterers muhsan (where the perpetrators have

been married). The migrant workers are aware

of it and try to comply with the rules applied by

the Saudi government, then they were forced to

Sirri Marriage of Indonesian Woman Migrant Workers in Saudi Arabia

895

do sirri marriage so as not to get stuck on

adultery and to avoid punishment. By sirri

marriage, they may feel lawful sexual

intercourse between men and women as

husband and wife. In fact, it is also common

among them where those who are still married

whose husband in Indonesia but they have

another husband at the same time during their

time as migrant workers in Saudi Arabia. Thus,

there are a number of domestic workers who do

polyandry, even though this is in clear as a

violation of the provisions of religion of Islam

and the state. However, above all, they say it is

better to do sirri marriage than to commit

adultery.

5. Friends Persuasion

The influence of fellow migrant workers to

carry out sirri marriage is very strong. Many

migrant workers who do sirri marriage initially

because of motivated and persuaded by their

friends. The modus to influenceis varies.

According to informant, a former domestic

migrant worker from Pamekasan (East-Java),

"Sirri marriage is permitted by religion (Islam)

and it also can get protection and security from

Arab governments. If there are problems, we

will be helped to find a solution. Instead of

adultery, it is better if we do sirri marriage."

Maybe the intention of the majority of her

friends were right, but there are also some of

those who have specific purposes, such as to get

money if they are successfully persuaded to do

sirri marriage or to support and legitimize the

practice of sirri marriage.

B. Impact of Sirri Marriage of Women Mirgrant

Workers in Saudi Arabia

The impact of sirri marriage is a clash of two

interests, between those do sirri marriage but they

do not want to do register their marriages because of

certain reasons as previously explained and the

interests of the state to manage the administration of

the population, so that any marriage that is not

registered is not recognized by the State. In fact, one

form of state recognition is authentic marriage

certificate as a proof of the occurrence of a marriage.

With the existence of this certificate, a registered

marriage has the force of law, including legal

protection for both the actors of marriage and the

results of the marriage, such as their children or

property under the marriage. This is felt by the

actors of sirri marriage in Saudi Arabia.

The phenomenon of sirri marriage of women

domestic workers in Saudi Arabia clearly have an

impact on the lives of the perpetrators, particularly

for migrant workers, both legal impact, economic,

social, and psychological. By law, sirri marriage has

no meaning in the presence of positive law in

Indonesia. They do not have the force of law on

marriage and anything produced in the sirri marriage

are automatically not recognized. In term of

economy, women mirgrant workers who do sirri

marriage do not experience significant changes in

welfare. In fact, many of them continue to work hard

to help the family finances, such as paying rent

house, food costs, health, and so on. Socially, they

feel a bit proud of their status as wife, but it is does

not change anything in their daily life. On the

contrary, sometimes this is even become an arena of

sirri

marriage dispute between the husband and the

wife, even among migrant workers, because of

competition and jealousy. Psychologically, they

become less comfortable and feel anxious when they

have to take care of family documents, including

birth certificates of their children. They also feel that

they have no vision or hope for the future of their

sirri marriage because the husband could easily

divorce the wife at any time.

C. The Government's Efforts to Overcome Sirri

Marriage Phenomena

As government representatives abroad, the

Consulate General in Jeddah has a duty and

responsibility to serve, protect and promote the

rights and needs of Indonesian migrant workers in

Saudi Arabia. In this case, the Consulate General has

sought to provide solutions and policies to facilitate

simultaneously and to minimize sirri marriage

practices undertaken by men or women migrant

workers in Saudi Arabia.

1. Determination of Marriage (Ithbat)

The expectations of Indonesian migrant workers

in Saudi Arabia, particularly the women

workers, to legalize their marriage are quite big.

The reason of why they do ithbat marriage is to

obtain official marriage certificate as a proof of

recognition and legal power from the state

(legislation) related to their marital status

abroad. The marriage certificate serves as a

foundation where they live at home or interact

together (husband-wife) to avoid the Saudi law

that prohibits men and women who are not

mahram together in one place. Moreover,

marriage certificate also serves to confirm the

relationship of parents of children who are born

under the marriage, so the status of their

children is clear and easy to obtain proof of

birth (birth certificate).

Ithbat marriage is meant to obtain legal

marriage in the form of marriage certificate.

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These amendments are very important for the

citizens, because the marriage certificate is a

reference document to refer other documents,

such as birth certificates.

The requirements for ithbat marriage according

to Islamic Law Compilation (KHI) Article 7,

paragraph (3) are: The existence of marriage in

the contex of a divorce settlement, the loss of

marriage certificate, there is doubt related to the

validity of one of the conditions of marriage,

there is a marriage that occured prior to the Act

No. 1 of 1974, and the marriage is done by

those who did not have a hitch in marriage

according to Act No. 1 of 1974.

2. Mass Marriage

In addition to implement the program of ithbat

marriage, the Consulate General in Jeddah also

held a mass married for migrant workers in

Saudi Arabia who wanted to hold their marriage

to be fast, practical, economical, and legal,

without having to return to Indonesia. This

policy also minimizes the phenomena of sirri

marriage and fake marriage certificate among

them in Saudi Arabia, as well as a form of legal

protection policy of the State against the

citizens in Saudi Arabia.

The program was implemented in 2013 at the

office of Consulate General in Jeddah.

Unfortunately, this program received less

maximal response from the migrant workers

there. This is shown from the very minimal

participants who register this program.

5 CONCLUSION

The phenomenon of sirri marriage among women

migrant workers in Saudi Arabia clearly have

impacts on their lives in term of legal, economic,

social, and psychological.

Therefore, the need to immediately set up a

religious institution or religious attaché in the

Consulate General of the Republic of Indonesia in

Jeddah or in the Embassy of the Republic of

Indonesia in Saudi Arabia to serve and deal

specifically with issues related to legal and

administrative religious services for Indonesian

migrant workers, mainly in Saudi Arabia.

What is more, there should be a study or further

research on the protection of the rights of children

born from sirri marriage of women mirgrant workers

in Saudi Arabia, particularly the illegal women

migrant workers who until now the number is huge

but have not gained the recognition from the

government of Indonesia in the form of birth

certificate.

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Moleong, L.J. 2007. Metodologi Penelitian Kualitatif.

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Park, Daniel C. 2017. “The Diaspora of Indonesian

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Abuse and Mistreatment.” The Journal of

Contemporary Asian Studies 12 (1).

Sondakh, F, and T Naovalitha. 2003. “The Vulnerable

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