Problematizing the Minimum Age of Marriage

The State and Local Perspective on Marriage Dispensation in South Sulawesi

Bibliographic Data

ID21573119
AuthorsNurul Ilmi Idrus (Hasanuddin University, corresponding author)
Year2022
Volume34
Issue2
Pages159
Publication date2022-12-19
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJurnal Humaniora (JOURNAL)
Journal identifiersISSN: 0852-0801 • E-ISSN: 2302-9269
PublisherUniversitas Gadjah Mada (PUBLISHER)
DOI10.22146/jh.73661
OpenAlexW4312188793
LanguageEN
Citations received4
References cited1

Child marriage occurs throughout the world, in developed countries and especially in developing countries, including Indonesia. This article examines how categorisation of age is problematised particularly in relation to marriage dispensation after the amendments of marriage law in 2019. Using a qualitative approach, this study was conducted in Maros Baru District, Maros Regency, South Sulawesi. Thirty-seven participants were interviewed and a total of 30 participants were involved in three focus group discussions. Findings demonstrate that there is a gap between legal categorisation of age and its local interpretation in the context of marriage practices. While the amendment of marriage law in 2019 aims to increase the minimum age of marriage, marriage dispensation still occurs. Marriage dispensation is usually given under the consideration of supported evidence in relation to the benefits (maslahat) as well as the harms (mudharat). However, when a request of marriage dispensation is rejected, marriage still occurs. As such, it is common for unregistered marriage (nikah siri) to be a “way out”

Child marriage · Geography · Marriage law · Political science · Population · Sociology · Demography · Gender and Women's Rights · Gender Studies · Law · Legal Studies and Policies · Marriage and Family Dynamics

Tools

Open DOIOpen Access