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What is Secret Nikah?

Secret Nikah, or hidden marriage, is a private, unregistered form of marriage without formal or social recognition. This phenomenon has become concerning in Thailand, especially as foreign men enter such unions with Thai women, bypassing the social and legal protections typically available. Without official registration, women and children lack the legal rights they would otherwise have, increasing their vulnerability to exploitation and trafficking risks (Erkoc Baydar, 2023; Sheibani, 2024).

Islamic Perspective on Secret Nikah

In Islam, marriage is meant to promote justice and social responsibility, with transparency serving as a core principle. Islamic scholars generally oppose Secret Nikah due to its concealed nature, which often denies the protections that Islamic marriage is designed to offer. Without public acknowledgment, women may find themselves lacking both religious and legal rights, undermining the fundamental Islamic principles of justice and social accountability (Raharso & Barak, 2022; Erkoc Baydar, 2023).

Hidden Impact on Thai Women

Many foreign men restrict Thai wives from sharing wedding photos or details on social media, often under the guise of cultural or religious appropriateness. However, these practices frequently serve as a tool to avoid accountability and legal obligations. When the marriage ends, Thai women often lack the legal support to claim financial assistance or inheritance, leaving them in a vulnerable position both financially and socially (Sheibani, 2024).

Legal and Social Consequences for Women and Children

Secret Nikah leaves women without legal recourse, preventing them from claiming alimony, child support, or inheritance. For Thai women, this often results in economic hardship and raising children alone without necessary resources. Furthermore, children born into these marriages lack legal status, making it challenging to access essential services like education and healthcare, which impacts their quality of life and future opportunities (Erkoc Baydar, 2023).

Link Between Secret Nikah and Human Trafficking in Southeast Asia

Secret Nikah has become a channel for human trafficking in Southeast Asia. The lack of legal oversight allows foreign men to exploit women without repercussions, while traffickers use secret marriages as a means to evade accountability. These exploitative patterns create cycles of abuse, where vulnerable women are left without support, making urgent policy reform essential to protect at-risk individuals (Human Trafficking and Secret Marriages in Asia: The Unseen Impact, 2024).

ARAYA Nikah’s Stance on Secret Nikah and Public Visibility in Marriages

ARAYA Nikah Planner & Consult Co., Ltd. firmly opposes Secret Nikah, advocating for transparent and publicly acknowledged marriage ceremonies to protect women and children. ARAYA encourages public documentation through photos and videos shared on social media or within community networks. This approach ensures social accountability, protecting individuals from the risks associated with concealed marriages and supporting Islamic values of fairness and justice. Public visibility allows the community to recognize and uphold marriages, reducing the likelihood of exploitation.

Conclusion and Recommendations

The issues surrounding Secret Nikah and its connection to human trafficking require urgent reform and increased awareness. Thai authorities and community organizations should work together to develop accessible marriage registration options and educate communities on the benefits of formal marriage registration.

Strengthening Thailand’s legal frameworks and aligning with international human rights standards will protect women and children, reducing the risks associated with Secret Nikah. Through public awareness, accessible legal resources, and effective law enforcement, Thailand can create a safer environment, minimizing exploitation through concealed marriages.

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References

1. Erkoc Baydar, T. (2023). A Secret Marriage and Denied Rights: A Critique from an Islamic Law Perspective. Religions, 14(4). DOI:10.3390/rel14040463.
2. Sheibani, M. (2024). Deceptive Debauchery: Secret Marriage and the Challenge of Legalism in Muslim-Minority Communities. Religions, 15(1). DOI:10.3390/rel15010010.
3. Raharso, A., & Barak, A. (2022). Up Marriage in Secret according to Islam and Catholic: A Comparative Study on Religious Laws. International Journal of Asian History, Cultures and Traditions, 12(2), 149-151.
4. Human Trafficking and Secret Marriages in Asia: The Unseen Impact (2024).