Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia

Salenda, Kasjim

doi:10.14421/ajis.2016.541.95-121

Cited by 7 publications

(6 citation statements)

References 3 publications

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“…In South Sulawesi, A study reported the practice of child marriage among Buginese and Makassarese to be socially and culturally supported. People often believe that the sooner women are married, the better their economic and financial position will be, as well as the family's honor [12] . However, when women marry late or stay single, it is said their prosperity and luck are ‘closed and late’ which means that it can bring shame to family honours.…”

Section: Discussionmentioning

confidence: 99%

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One household, two worlds: Differences of perception towards child marriage among adolescent children and adults in Indonesia

Wibowo¹,

Ratnaningsih²,

Goodwin³

et al. 2021

The Lancet Regional Health - Western Pacific

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Background Indonesia is eighth in the world in the incidence of child marriage, with South Sulawesi province having one of the highest burdens (12.1%) in the country. The study explored the determinants of child marriage in Bone, South Sulawesi, in particular the differences between adolescents and parents. Methods This is a cross-sectional study using a quantitative survey. A total of 1,004 respondents participated (500 parents and 504 adolescents aged 13-15 years). Findings This study found that around one out of four parents or adolescents had perceptions that support determinants of child marriage. A total of 25.8% of parents and 26.0% of adolescents agreed that a girl is ready for marriage once she starts menstruation. 25.6% of parents and 32.6% of adolescents agreed that girls aged over 18 who are not married are a burden to their families. Using the U-Mann Whitney , Kendall’s tau-b, and Pearson’s correlation test, these differences were found to be significant. Interpretation Overall, the perceptions of parents and their adolescent children do not greatly differ, with some notable exceptions. Positive perceptions towards the benefits of child marriage are still prevalent among both parents and adolescents. This indicates that social norms supporting child marriage are still strong among these groups. Comprehensive interventions are needed to promote the benefits of marrying later, based on local cultural contexts and evidence on efficacy.

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Section: Discussionmentioning

confidence: 99%

“…They tend to seek normative religious-based texts which eventually claim the truth based on Islamic teaching. For them, women and men can marry if they have already achieved aqil baligh , without considering their age [12] .…”

Section: Discussionmentioning

confidence: 99%

One household, two worlds: Differences of perception towards child marriage among adolescent children and adults in Indonesia

Wibowo¹,

Ratnaningsih²,

Goodwin³

et al. 2021

The Lancet Regional Health - Western Pacific

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“…42 Selain itu, pilihan untuk kawin lari tidak hanya disebabkan oleh keengganan orang tua karena status sosial, tetapi juga karena pilihan orientasi seksual yang berbeda dari orang kebanyakan 43 dan usia anak yang masih belia. 44 Jika diikuti makna kawin lari yang dilakukan jauh dari kediaman orang tua dan dengan wali perempuan yang juga tidak diketahui hubungannya dengan pihak perempuan atau bahkan pernikahan itu tidak dicatatkan, maka secara umum marlojong tidak termasuk pada jenis kawin lari seperti ini. Marlojong umumnya adalah semata cara adat menyelesaikan keengganan wali untuk menikahkan anaknya tanpa mereka harus mengajukannya ke pengadilan agama.…”

Section: Marlojong Dalam Sudut Pandang Hukum Islamunclassified

Marlojong sebelum Perkawinan: Kiat Adat Menghadapi Wali ‘Aḍal di Ranah Batahan, Pasaman Barat

Salma¹,

Syahril²

2019

Ahkam

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This article aims to analyze and explore the tradition of marlojong before marriage in Ranah Batahan, West Pasaman. Marlojong is the act of a couple who is not approved by their parent (wali) for certain reasons by running to the house of the elder of custom (tetua adat) or a respected family. The elopement could reduce the dignity of women and their parents. So, it becomes a reason for the traditional elders to call them. The data was collected by observation and in-depth interviews with couples who did marlojong, parents of each couple, other nuclear families, traditional elders, KUA officials and local scholars. The data was analyzed by reduction, display and verification. The results showed that the meaning of marlojong was actually not only a couple who fled to the house of the traditional elders but also the efforts to overcome the guardian's reluctance (wali ‘aḍal) and reduce the parobanan (brideprice). Therefore, the causes of marlojong were overcoming the reluctant of parents and the high level of brideprice. On one side, the marlojong was seen as negative but on the other hand, it became a customary way to resolve the guardian’s reluctance (wali ‘aḍal) without having to go to a religious court.

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“…Pemmali culture can play a role in ensuring that, as one of the factors, child marriage increases sharply in the Religious Courts. As the results of research conducted by Salenda (2016) in his writings "Abuse of Islamic Law and Child Marriage in South Sulawesi, Indonesia" that child marriage in the Bugis community in South Sulawesi cannot be separated from 'pemmali' especially girls proposed for the third time.…”

Section: Introductionmentioning

confidence: 99%

Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts

Aris

Bukido

2022

JIS

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This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is menstruating, the application of pemmali culture causes daughter to become victims of underage marriages, they are blind to knowledge of age of marriage in Law Number 16 of 2019. The application of marriage age for children are still debated by the majority of fiqh scholars as long as girls have not menstruated, they do not question child marriage if it is menstruating, but Indonesian national law there is no way to legalize child marriage before getting a marriage dispensation. Pemmali culture can be determined as one of the reasons for the sharp increase in marriage dispensations in Religious Courts due to the mindset of parents in Bugis community when their daughters are underage and are proposed three times by men. A mayor implication of these findings is to reduce the amount of marriage dispensation recommended the next research on the effectiveness of socialization of Law Number 16 of 2019.

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Abuse of Islamic Law and Child Marriage in South-Sulawesi Indonesia

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Cited by 7 publications

References 3 publications

One household, two worlds: Differences of perception towards child marriage among adolescent children and adults in Indonesia

One household, two worlds: Differences of perception towards child marriage among adolescent children and adults in Indonesia

Marlojong sebelum Perkawinan: Kiat Adat Menghadapi Wali ‘Aḍal di Ranah Batahan, Pasaman Barat

Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts

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