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Journal articles on the topic 'Child marriage'
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Al-Hakami, Husain, and Kenneth McLaughlin. "Debatable Marriages: Marriage and Child Marriage in Saudi Arabia." Marriage & Family Review 52, no. 7 (February 24, 2016): 654–64. http://dx.doi.org/10.1080/01494929.2016.1157119.
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SURYA, I. KADEK ADI. "AKIBAT HUKUM KEDUDUKAN ANAK DALAM PERNIKAHAN SIRI DITINJAU DARI HUKUM ISLAM DAN UNDANG-UNDANG PERKAWINAN." GANEC SWARA 17, no. 3 (September 2, 2023): 770. http://dx.doi.org/10.35327/gara.v17i3.510.
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The goal to be achieved in this research is to find out the legal consequences of the position of children in unregistered marriages according to Islamic Law and the Marriage Law. To understand the concept of unregistered marriage according to Islamic Law and the Marriage Law. In this study the authors used the normative juridical writing method, namely legal research conducted using statutory regulations.According to Islamic law, an unregistered marriage is considered valid because a marriage that meets the pillars and conditions of marriage will be considered valid. Siri marriages are considered invalid according to the Marriage Law, because they refer to the provisions of Article 2 paragraph (2) of the Marriage Law regarding registration of marriages. From the provisions of this article, it can be seen that the Marriage Law focuses on the validity of marriage on two elements, namely; Marriage must be carried out in accordance with the conditions and procedures determined by law (state law) and religious law. This means that unregistered marriages that are carried out only by complying with religious law are not valid from the point of view of state law.For the legal status of children from unregistered marriages, according to Islamic law, they are considered legitimate children according to religion, because the child was born in or as a result of a legal marriage. According to the Marriage Law, the status of the child is the same as a child out of wedlock and cannot be said to be a child in a legal marriage, therefore the child does not have a birth certificate. As a result, legally the child has no right to claim support, inheritance or guardianship rights from his father. However, children from unregistered marriages can obtain their rights in accordance with Constitutional Court decision Number 46/PUU-VIII/2010 as long as they can prove it.
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Kusmayanti, Hazar, and Dede Mulyanto. "PROBLEMATICS CULTURE OF CHILD MARRIAGE IN INDRAMAYU IN A LEGAL AND CULTURAL PRESFECTIVE." Jurnal Pembaharuan Hukum 7, no. 2 (August 20, 2020): 116. http://dx.doi.org/10.26532/jph.v7i2.9297.
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The problem of marriage is a very common problem for the world community, especially the people of Indonesia, one of the problems is child marriage. the highest likelihood of child marriage is in Indramayu Regency. The purpose of this study is to analyze the practice of child marriage that occurs in Indramayu, the reasons for child marriage. The method of the approach taken by the author is to use a normative juridical approach. Based on the research findings there are obstacles that cause child marriage culture in Indramayu as follows: There are religious views that allow underage marriages, There are differences in legal perspectives between traditional and contemporary fiqh, aspects of tradition and culture in the local area Modern communication technologies such as mobile phones encourage young marriages. The implication of this research is to socialize Law Number 16 the Year 2019 regarding marriages regarding the marriage age limit up to 18 years for men and women as well as government cooperation with community leaders, religious leaders and the Indonesian Women's Coalition to eradicate child marriage in various regions.
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Indra Kertati. "Peran Pemerintah Daerah Dalam Pencegahan Perkawinan Anak." MIMBAR ADMINISTRASI FISIP UNTAG Semarang 20, no. 1 (April 30, 2023): 268–76. http://dx.doi.org/10.56444/mia.v20i1.682.
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Child marriage occurred long before the emergence of the Marriage Law number 1 of 1974 and its amendment, namely Law number 16 of 2019. The difference lies in the reason for the marriage itself. Long before the reason for underage marriages was a growing culture that women were considered sufficient to be at home, and to be the mother of the children they were born with. The strengthening patriarchal culture has an impact on the marginalization of women. The term women are kitchens, mattresses, legendary wells and perpetuate underage marriages. Issues that develop are different because child marriage now leads to promiscuity. The problem currently encountered is the increasing number of child marriages. The purpose of this study was to analyze the role of local government in preventing child marriage, with the locus in Grobogan Regency. This research used a qualitative descriptive approach. The results of the study show that the role of local government is not optimal. Prevention of child marriage is not as easy as solving other social problems. Family isolation, and scattered locations make it difficult for local governments to control child marriage. The role of stakeholders in preventing child marriage is not strong. Child marriage is considered a sensitive area that is not easy to touch.
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Rifqi, Muhammad Jazil. "Perlindungan Hukum terhadap Anak dalam Nikah Siri." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 23, no. 2 (December 19, 2020): 382–99. http://dx.doi.org/10.15642/alqanun.2020.23.2.382-399.
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Married couples must meet religious and state law. In Islamic law, marriages must be fulfilled, the harmony of the marriage, the bride and groom, prospective guardians, marriage, two people, consent and Kabul, while state law, needs to be added validity, marriage, must be in accordance with applicable law. However, not a few marriages in areas that carry out their marriages are only based on religious law and customary law, without involving Marriage Registrar to improve this marriage by considering siri marriages that increase returns to desired husbands and children. Civil rights are not guaranteed at the time of marriage to a siri marriage because the child will not obtain citizenship status, and the child only has a civil relationship with the mother and related family, which basically requires the cost of child care.
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Əzim qızı Əzimova, Sabina. "Psychosocial consequences of early marriages." SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 83–86. http://dx.doi.org/10.36719/2663-4619/64/83-86.
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One of the most common forms of child exploitation in the world is early marriage. Although the number of underage marriages has declined to some extent, it continues to rise in a number of countries. Early marriage usually means the marriage of a child under the age of 18. Many of these marriages are also referred to as "child and forced marriages" because they are performed without conscious consent. Early marriage separates children from their families and peers, exposes them to domestic violence, and jeopardizes their development, educational, social and professional opportunities. Such marriages can also lead to psychological problems such as depression, adaptation disorders, post-traumatic stress, and suicide attempts. This review article aims to assess the causes and psychosocial consequences of early marriage. Key words: Family age, child exploitation, psychosocial aspects
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Dewi Judiasih, Sonny, and Hazar Kusmayanti. "LEGAL PROTECTION AGAINST DOMESTIC VIOLENCE IN CHILD MARRIAGE." Jurnal Poros Hukum Padjadjaran 5, no. 2 (May 31, 2024): 203–18. http://dx.doi.org/10.23920/jphp.v5i2.1628.
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The aim of law enforcement is none other than to ensure that legal subjects obtain every right. One law enforcement that must be considered is in the field of family law in marriage law. Marriage of children under the age of 18 is vulnerable to domestic violence. This research will enforce legal protection against domestic violence in child marriages, whether legalized by the state or child marriages carried out through sirri marriages.. The method used is juridical qualitative with a descriptive approach and the data is processed in a qualitative juridical manner. The results of the study show that there are differences in the legal protection of victims of domestic violence in sirri child marriages. Legal child marriage and obtaining marriage dispensation can be protected by Law No. 23 of 2004 concerning the Elimination of Domestic Violence and other relevant laws and regulations. Meanwhile, the protection of domestic violence in a sirri / unregistered child marriage can only be subject to the Criminal Code and Law No. 35 of 2014 concerning Child protection.
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Busthomi Arifin and Rusmilawati Windari. "Challenges, Regulations, and Strategies to Prevent Child Marriage in Indonesia: A Comparative Study with Malaysia." KRTHA BHAYANGKARA 18, no. 1 (April 30, 2024): 1–30. http://dx.doi.org/10.31599/krtha.v18i1.1652.
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Child marriage is a global issue that has become a challenge in many countries, one of which is Indonesia. The purpose of this research is to explore the factors of child marriage, analyze the child marriage regulations applied by Indonesia and then compare them with Malaysia in order to find the best ideal formulation for Indonesia in terms of regulating child marriage, and map out what steps need to be taken to reduce the number of child marriages. Included in the type of normative legal research by collecting all relevant legal materials through library research techniques and then analyzed descriptively qualitative. The results show that there are nine factors for child marriage ranging from poverty to self-will. In addition, there are differences in child marriage regulations in Indonesia and Malaysia where the positive thing that Indonesia can adopt from Malaysia is the synchronization of the age of the child in the Marriage Law and the Child Protection Law to be in line with the Convention on the Rights of the Child. Efforts to reduce the number of child marriages must have a strong synergy between the government and the community.
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Nazli Hossain. "Child marriages." Journal of the Pakistan Medical Association 73, no. 9 (August 15, 2023): 1778–79. http://dx.doi.org/10.47391/jpma.23-62.
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Child marriages are major public health issues in the developing world. It is defined as marriage before the age of 18 years. According to UNFPA (United Nations Fund for Population), in developing world, 36 percent of girls are married before reaching the age of 18 years, and 10 percent of girls in these countries are married before the age of 15 years.1 Globally, it is estimated that 10 million pregnancies occur in adolescent girls, and 90% of these occur in developing countries.2 The burden is mainly borne by the Sub Saharan Africa and South Asian countries.3 Except in Nepal, where legal age of marriage is 20 years, the legal age in India, Bangladesh and Srilanka is 18 years. In Pakistan, except for the Sindh province where legal age of marriage is 18 years, the rest of the provinces have legal age of 16 years for contracting marriage. Hence there is increased prevalence of child marriage in Baluchistan and Khyber Pakhtunkhwa provinces.4 It is observed that this legal cover is mainly seen on papers, and reality is far different in the actual world. Child marriages not only take away the joys of childhood, it also brings with it the burden of social, psychological and reproductive harms. It not only affects the female child, but also has its effects on the male child. The burden of raising and supporting a family at a younger age exerts extra mental and psychological trauma, among boys. This in turn increases the incidence of domestic violence among the couples. It is a well-known fact that child marriages are more common in low- income household, rural areas, and at times are contracted in order to settle family disputes. In rural areas these child marriages are seen as a stop gap arrangement for premarital sex, unwanted pregnancies and sexual assault. These adolescent girls are married to elderly men, invoking mental disparity and psychological trauma. There is also increased prevalence of domestic violence and wife beating in this age group. Vertical transmission of this attitude has also been observed in studies. This basic violation of human rights is transferred from mothers to daughters as normal behaviours.5 Continue...
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KAMAL, S. M. MOSTAFA, CHE HASHIM HASSAN, GAZI MAHABUBUL ALAM, and YANG YING. "CHILD MARRIAGE IN BANGLADESH: TRENDS AND DETERMINANTS." Journal of Biosocial Science 47, no. 1 (January 30, 2014): 120–39. http://dx.doi.org/10.1017/s0021932013000746.
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SummaryThis study examines the trends and determinants of child marriage among women aged 20–49 in Bangladesh. Data were extracted from the last six nationally representative Demographic and Health Surveys conducted during 1993–2011. Simple cross-tabulation and multivariate binary logistic regression analyses were adopted. According to the survey conducted in 2011, more than 75% of marriages can be categorized as child marriages. This is a decline of 10 percentage points in the prevalence of child marriage compared with the survey conducted in 1993–1994. Despite some improvements in education and other socioeconomic indicators, Bangladeshi society still faces the relentless practice of early marriage. The mean age at first marriage has increased by only 1.4 years over the last one and half decades, from 14.3 years in 1993–1994 to 15.7 years in 2011. Although the situation on risk of child marriage has improved over time, the pace is sluggish. Both the year-of-birth and year-of-marriage cohorts of women suggest that the likelihood of marrying as a child has decreased significantly in recent years. The risk of child marriage was significantly higher when husbands had no formal education or little education, and when the wives were unemployed or unskilled workers. Muslim women living in rural areas have a greater risk of child marriage. Women's education level was the single most significant negative determinant of child marriage. Thus, the variables identified as important determinants of child marriage are: education of women and their husbands, and women's occupation, place of residence and religion. Programmes to help and motivate girls to stay in school will not only reduce early marriage but will also support overall societal development. The rigid enforcement of the legal minimum age at first marriage could be critical in decreasing child marriage.
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Karadeniz Yağmur, Sibel. "Early and Forced Marriages, Child Brides." International Journal of Arts, Humanities & Social Science 04, no. 07 (July 14, 2023): 26–30. http://dx.doi.org/10.56734/ijahss.v4n7a4.
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Objective: Early and forced marriages continue to be a problem in the world and in Turkey. Factors leading to early and forced marriages and solutions will be evaluated. Method: International articles, conventions, and Turkish family data on early and forced marriages will be examined and this human rights issue, which is stillup to date, will be revealed. Results: Child marriages under the age of 18 are considered early marriages. The rate of early marriage remains a problem for girls. When girls get married before the age of 18, they are included in the names of early bride, married, and child bride. Early marriages are generally the scope of forced marriages. The countries with the highest early marriage in the world are Niger 75%, Chad 72%, and Mali 71%. According to the Turkish Statical Institute Family Survey 2021 report, women were married at an earlier age than men. While the rate of men who got married before the age of 18 was 4.4%, the rate of women was 24.2%. While the rate of men who made their first marriage between the ages of 18-19 was 8.9%, the rate of women was 23.0%. While the rate of men who made their first marriage between the ages of 20-24 was 39.6%, the rate of women was 34.6%. The reasons for forced marriage at an early age are gender inequality, poverty, traditional or religious practices, non-implementation of laws and regulations, and conflicts, disasters and emergencies. Conclusion: early and forced marriages are a continuing social problem as a human right. Even the words of child brides are disturbing humanity. Supporting the education of girls, eliminating poverty and eliminating gender inequality will contribute to the solution in preventing early and forced marriages.
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Lathifah, Anthin, Briliyan Ernawati, and Anwar Masduki. "Problems with the islamic legal system regarding child marriages in Indonesia during the covid-19 pandemic period." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 22, no. 2 (December 2, 2022): 155–76. http://dx.doi.org/10.18326/ijtihad.v22i2.155-176.
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The high number of child marriages during the Covid-19 pandemic period poses problems related to the Islamic legal system in Indonesia. This study aims to describe the problems of the Islamic legal system regarding the phenomenon of child marriages during the pandemic period in Indonesia. This paper is the result of a qualitative research with a socio-legal analysis approach, that is based on Friedman Hayden's legal system theory. The results of the study show that there are three substantial problems with the Islamic legal system, namely: (1) the problem associated with the legal substance where the Marriage Law stipulates the age of a bride to increase from 16 to 19-year-old as contained in article 7 paragraph (1) of the Marriage Law number 16 of 2019, while at the same time it enables child marriages to be carried out through a marital dispensation request, it acknowledges marital vows (ithbat), and there is an absence of legal sanctions for violating the Marriage Law; (2) the problem related to the legal structure of child marriages that is rooted in the formation, enforcement, and development of child marriage law; and (3) the problem of legal culture in relation to the legal behavior of child marriage, unregistered marriages (sirri) for minors, and the lack of social arrangements to promote the culture of marriage at a mature age. Therefore, this paper offers a reconstruction of the Islamic legal system in terms of legal substance, legal structure, and legal culture to minimize child marriage practices in Indonesia.
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Karyati, Sri, and B. Farhana K.Lestari. "Legal Policy Model for Prevention Children Marriage at West Nusa Tenggara Province." FIAT JUSTISIA:Jurnal Ilmu Hukum 13, no. 2 (July 1, 2019): 187. http://dx.doi.org/10.25041/fiatjustisia.v13no2.1673.
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Until now the issue of child marriage in NTB has not yet been resolved. The issue of child marriage in NTB has not been completed because the roots of child marriage in NTB have not touched the root of the real problem. Therefore there must be a more comprehensive policy breakthrough to prevent the prevention of child marriage in NTB. There is a need for a legal policy to prevent child marriages in NTB that needs scientific studies as the basis for scientific legitimacy about the urgency of the existence of regional regulations to prevent child marriage. There are two problems in this research, first, What is the juridical problem in the policy of preventing the occurrence of child marriage in NTB? Second, what is the right and applicable policy model in preventing the occurrence of child marriage in NTB? This research is normative legal research with a focus on evaluating the policy of preventing child marriage that has been taken by the NTB provincial government. The research approach used is a normative approach and an empirical approach.The results showed that the first, juridical barriers to preventing child marriage in NTB not only had juridical obstacles in terms of the validity of the provisions of article 7 paragraph (1) of the marriage law that regulates the minimum age of marriage is 16 years for women, but also still has obstacles juridical relating to the legal policy on the regulation of child marriages in the content of regional regulations because the local regulation must not conflict with article 7 paragraph (1) of the marriage law which is still valid and other constraints are not operational and the effective decision of the constitutional court No. 22 / PUU / XV / 2017 concerning judicial review of Law No. 1 of 1974 concerning Marriage because this decision only delayed the implementation of the Constitutional Court's decision in 2021 and was very dependent on legislative policy from the DPR and the President to amend Law No. 1 of 1974 concerning Marriage according to the order of the Constitutional Court's decision. Second, the appropriate and applicable policy model in preventing the occurrence of child marriages in NTB is done using the transitional policy model and post-transition policy. The transition policy is carried out by making regulations that regulate the prevention of child marriages by using the child protection paradigm, while post-transition policies are carried out using the family quality policy paradigm with a focus on increasing the age of marriage. legislation. First, the Republic of Indonesia Parliament, especially the Republic of Indonesia Parliament for the period 2019-2024 and the President should immediately follow up on Decision No. 22 / PUU / XV / 2017 by taking legislative policies by entering the amendment bill to Law No. 1 of 1974 concerning Marriage into a national legislation program which is subsequently compiled, discussed and stipulated as law. Second, to respond to the dynamic dynamics of marital law and child protection, the NTB Governor and the NTB DPRD should immediately take legislation in the regions by including the draft regulation on the prevention of child marriages in the 2019 local regulation formation program and then compile and discuss it into regional regulations.
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Pradipta, Novitha Syari Dhevi, Ekawati Sri Wahyuni, and Titik Sumarti. "Agents in Child Marriage Practice in Rural West Java." SALASIKA: Indonesian Journal of Gender, Women, Child, and Social Inclusion's Studies 2, no. 2 (July 31, 2019): 137–54. http://dx.doi.org/10.36625/sj.v2i2.38.
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The prevalence of child marriage in Indonesia, although it has declined over the last three decades, remains in a high rate. Child marriage is indirectly legitimated by the Indonesian Marriage Law of 1974 which states that the minimum age limit of the bride shall be 16 years old. This is contrary to the Constitution of the Republic of Indonesia and the Child Protection Law. Child marriages in rural areas are not only driven by structures like family and society but are also initiated by individual actions driven by the agency. Therefore, this study examined child marriage practice comprehensively through the perspective of Giddens's structuration. This study aimed to identify the agents in child marriage practice. The results of the study found that there are two types of child marriages in rural areas. The first one is registered and the other is unregistered marriage. The identified agents in child marriage practice are girls, amil (assistant of marriage recording officer), Religious Affairs (KUA) officers, peer groups, teachers, mothers, and spouses. Each agent's action is affected by both structure and agency. Girl's actions are influenced by the agency. The girls are able to do agency in and through social practice. Girls’ agency produces meaningful action understood as a process and inherent to the agent through reflexive monitoring. Meanwhile, the actions of other identified agents are influenced by the existing structures in the society. Agent’s actions perpetuate child marriage practice. Child marriage practice occurs because there is no family strength. Therefore, the improvement of the family strength is needed as a constraining structure.
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Harahap, Abdul Aziz, Rahmad Fahriansyah Pasaribu, Laila Kalsum Hasibuan, and Nasruddin Harahap. "IMPLEMENTASI HUKUM ADAT DALAM PEMAKSAAN PERNIKAHAN ANAK DI BAWAH UMUR PERSPEKTIF (UNDANG-UNDANG NO. 1 TAHUN 1974 DAN KHI)." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 9, no. 2 (November 3, 2023): 211–26. http://dx.doi.org/10.24952/almaqasid.v9i2.7911.
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The ability of an individual to make decisions is measured by their maturity, especially when it comes to marriage. However, marriages often occur when someone is below the age of maturity. We can also find cases of child marriages, which result in burdening the child with responsibilities they are not yet capable of handling. This research is a normative legal study that aims to answer how the Religious Court should make policies regarding children, particularly in the context of marriage, considering the potential consequences after the dispensation of marriage is granted The research finds that granting dispensation for child marriages has negative impacts on the sustainability of a happy household based on the belief in the Almighty God. The dispensation of child marriages granted by the court upon the request of the parents, usually due to incidents of pregnancy, adds pressure to the child and fails to create the expected happiness as envisioned by the Marriage Law of 1974 and the Compilation of Islamic Law (KHI). Although the Marriage Law allows such marriages based on the parents' request and does not violate religious beliefs and practices, this research highlights the adverse effects of granting such dispensations.
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Zinqi, Navila, and Fakhruddin Aziz. "Analysis of Suspended Marriages from The Perspective of Human Rights and Child Protection Laws." Bilancia: Jurnal Studi Ilmu Syariah dan Hukum 18, no. 1 (June 29, 2024): 143–55. http://dx.doi.org/10.24239/blc.v18i1.3021.
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Early marriage by minors becomes a problem in many countries including Indonesia, with economical, educational and customary factors being the main reasons. In some areas in Indonesia where customs are still closely held, the practice of suspended marriages is very common. Suspended marriage is a condition where marriage is carried out when each partner is very young with a specific purpose and both are prohibited from living together in the same house before adulthood. This article aims to examine suspended marriage in human rights’ perspective and child protection law’s using normative research techniques by reviewing and deepening literature studies. The results of this study indicate that suspended marriages are included in the marriage of minors which is an act categorized as violating human rights because child marriage affects the education and growth of children and is a form of opposition to the Child Protection Law, the practice of early marriage and suspended marriages often occur in Indonesia even though the law has expressly prohibited doing so.
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Ahmed, Tahera. "Child Marriage: A Discussion Paper." Bangladesh Journal of Bioethics 6, no. 2 (November 19, 2015): 8–14. http://dx.doi.org/10.3329/bioethics.v6i2.25740.
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Child marriage is still a massive problem in many developing countries. The issue is more concentrated in countries of Sub Saharan Africa and South Asia. This paper, through literature review attempts to assess the situation, the consequences, various programmes and recommendations on the reduction of child marriage. In this article it is reinforced that, consequences of child marriage put the girls at risk of early pregnancies with life-threatening conditions. This paper suggests that each country should set up its own mid-term and long-term goals to bring about significant reduction in child marriages.
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Nurhaliza, Ayu Febrianti, and Firzhal Arzhi Jiwantara. "Requests for Child Marriage Dispensation in West Nusa Tenggara Province." SHS Web of Conferences 182 (2024): 04002. http://dx.doi.org/10.1051/shsconf/202418204002.
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In Act Number 16 of 2019 concerning amendments to Act Number 1 of 1974 concerning Marriage, Article 7 paragraph (1) states that marriage is only permitted if the man and woman are 19 years old. However, in reality, there are a lot of early marriages, especially in West Nusa Tenggara (NTB) province. The West Nusa Tenggara Provincial Government recorded that 1,870 children applied for marriage dispensation throughout 2021-2022. This is a problematic problem that the NTB government must face. Marriage is not something that is prohibited, but there are terms and conditions that must be met by a couple to proceed to a marriage. Before the COVID-19 pandemic, the number of early marriages was steady, whereas during and after the pandemic, the number of early marriages was prone to increase. In communities, marriage dispensation occurs due to poverty, low education and traditions from the community itself. Therefore, in this case, in granting the decision, the judge must consider various important aspects before carrying out the marriage.
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Hadina, Hadina, Lisda Widianti Longgupa, Rahmawati Rahmawati, and Zakiah Radjulaeni. "Impact of Early Marriage on Women." Napande: Jurnal Bidan 2, no. 1 (April 30, 2023): 19–25. http://dx.doi.org/10.33860/njb.v2i1.2142.
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Child marriage is a marriage performed by youth under the age of 19. There were 27 cases of child marriage in 2019 in Sigi Biromaru District and in 2020 there has been an increase of 46 cases. Purpose This study aims to examine the impact caused by child marriage in Kalukubula Village Method This type of research uses a qualitative phenomenological approach. The population in this study were all women who had child marriages in the village of Kalukubula. Informant collection techniques in this study using Snowball Sampling. Data were collected by in-depth interview techniques using interview guidelines. The informants in this study were 10 informants, 5 main informants, namely women who had child marriages, 4 parents as key informants, and the head of KUA as additional informants. Results obtained are that the impact of child marriage is Psychological Impact, stress due to unpreparedness in managing the household and in taking care of children, Biological Impact, is an impact that occurs on health, economic impact, due to difficulties in finding work due to low educational status, Impact Education is one of the impacts of child marriage due to dropping out of school so that when married it is difficult to find jobs. Conclusion Child marriage in Kalukubula Village has psychological, biological, economic and educational impacts. It is recommended that local government parents prevent child marriage from occurring.
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Rofika, Ainur Mila, and Iswari Hariastuti. "Social-Cultural Factors Affecting Child Marriage in Sumenep." Jurnal PROMKES 8, no. 1 (May 6, 2020): 12. http://dx.doi.org/10.20473/jpk.v8.i1.2020.12-20.
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Background: Child marriage is still common in Indonesia both in urban and rural areas. One of possible causes is socio-cultural background. In Madura, the community still stick to culture and customs. Child marriage, one of among others, has become Madurese culture and legalized custom that was inherited to this day as seen in Pagarbatu Village, Sumenep. Objective: The study analyzed the effect of socio-cultural factors on the occurrence of child marriage to girls. Method: This study used a descriptive research design with a qualitative approach. It took place in Pagarbatu Village, Saronggi Sub-District, Sumenep District. The research subjects were women under the age of 18 who engaged in child marriages. Data were collected from April to May 2018. Results: The results showed that socio-cultural factors affect misconduct practices that leads to child marriage, especially among girls. Misconduct practices in child marriage are arranged marriages, age manipulations, witchcraft practices. Child marriage becomes a reason to ease family’s financial burden and also to keep tracing lineage to early ancestors. Religious beliefs are still strong in Madurese community. When females were tranced, they would be married for such mystical experience to get out of trance. Besides, there were other factors of child marriage, such as the lack of community leaders’ roles (village officials), the lack of health workers’ roles, age, education, knowledge, and family economy. Conclusion: There is a relationship between social and cultural factors with child marriage.
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Aulia, Mohamad Mohamad Faisal, and Amin Mukrimun. "TINJAUAN HUKUM TERHADAP HAK ANAK DALAM PERKAWINAN BEDA AGAMA." Usroh: Jurnal Hukum Keluarga Islam 6, no. 1 (June 27, 2022): 46–61. http://dx.doi.org/10.19109/ujhki.v6i1.11658.
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The polemics and controversies of interfaith marriages in Indonesia are still due to the uncertainty of the laws governing them. The reality in the interfaith marriage community is that there is no legal certainty in it. This makes children born from interfaith marriages protected by the state as regulated in Law no. 23 of 2002 concerning Child Protection Article 1. Meanwhile, according to Islamic law a child can be said to be legitimate if he has a lineage with his father if he is born from a legal marriage, this makes the child can be called a legitimate child. This study uses a normative juridical method with a normative theological approach. This research is classified as library research. The results of this study indicate that according to the applicable positive law, namely Law Number 1 of 1974 concerning Marriage, it does not recognize interfaith marriages, so interfaith marriages cannot be legalized in Indonesia. Marriages of Muslim couples are registered at the Office of Religious Affairs (KUA) and marriages of non-Muslim religious couples are registered at the Civil Registry Office (KCS). Legal protection for children according to Islamic law is the fulfillment of all children's needs for the future. As contained in the QS. At-Thala verse 6, children will get education and health insurance, only if the child is born from an unregistered interfaith marriage then he only has a nasab relationship with his mother because interfaith marriage is an illegitimate marriage and will lead to adultery. Keywords: Interfaith Marriage; Legal Review; Children's Rights
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Akhmedshina, Faniya Avzalovna. "GENDER ASPECT OF THE PROBLEM OF CHILD MARRIAGES IN THE WORLD AND UZBEKISTAN." CURRENT RESEARCH JOURNAL OF HISTORY 04, no. 05 (May 1, 2023): 13–20. http://dx.doi.org/10.37547/history-crjh-04-05-03.
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The problems of child marriages in the modern world are becoming more and more relevant. In the article, based on numerous data from many countries, as well as for Uzbekistan, the problems of early marriages, early childbirth, their negative impact on the health of young mothers and their children are considered. Child marriage is considered a form of forced marriage, provided that both parties have not expressed full, free and informed consent to the marriage and are under 18 years of age, widely accepted as the age at which a person becomes an adult and receives full civil rights.
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Suadi, Amran. "THE ROLE OF RELIGIOUS COURT IN PREVENTION UNDERAGE MARRIAGE." Jurnal Hukum dan Peradilan 9, no. 1 (April 3, 2020): 116. http://dx.doi.org/10.25216/jhp.9.1.2020.116-131.
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Indonesia is the second highest country in ASEAN in the prevalence of underage marriage after Cambodia and ranks 7th highest in the world for the absolute number of child brides. The tangent point of child marriage with the Religious Court enters through the case of marriage dispensation. As the authority of the Religious Courts, marriage dispensation is very dilemmatic and debatable because simultaneously the case is biased in value, between benefit, harmness, and community behavior. In sociology, society always changes and the difference is only in the nature or level of change. One of the fundamental aspects of the reflection of the Religious Court decisions that put forward efforts to prevent child marriages is to narrow the space for filing child marriage cases, examine the case more carefully by adding to the burden of proof, and the commitment of the parties to respond to the negative consequences of child marriages.
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Anas, Aswar. "Child Marriage Prevention Strategy in the Regional Development Planning Board of Bone Regency." Al-Bayyinah 8, no. 1 (May 23, 2024): 20–43. http://dx.doi.org/10.30863/al-bayyinah.v8i1.5699.
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This research aims to analyze the effectiveness of the Child Marriage Prevention Strategy program implemented by the Regional Development Planning Agency (Bappeda) in preventing child marriage in Bone Regency. The study employs a qualitative descriptive analysis method through a case study in Bone Regency. Data was collected through interviews with Bappeda, the Women Empowerment and Child Protection Agency (DP3AP2KB), the Ministry of Religious Affairs (Kemenag), and the Watampone Class 1A Religious Court. The findings reveal that the implementation of the Child Marriage Prevention Strategy program in Bone Regency involves collaboration among various sectors and stakeholders committed to preventing child marriage. This mechanism encompasses several steps, including coordination meetings with various stakeholders, and monitoring, and evaluating the implementation and success of programs undertaken by each stakeholder in preventing child marriage in Bone Regency. The effectiveness of the Child Marriage Prevention Strategy program implemented by Bappeda Bone Regency has been proven effective in preventing child marriage, as evidenced by a significant decrease in the number of child marriages and dispensation for marriage cases at the Watampone Class 1A Religious Court in Bone Regency. The Child Marriage Prevention Strategy implemented by Bappeda Bone Regency represents a crucial effort to prevent child marriage, aligning with the principles of Islamic Family Law that prioritize child protection and well-being.
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Basha, Shaik Mahaboob. "Misusing the Neighbours: Performing Andhra Child Marriages in Hyderabad State, 1930–1938." History and Sociology of South Asia 13, no. 2 (July 2019): 73–92. http://dx.doi.org/10.1177/22308075211043286.
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The British Government passed the Child Marriage Restraint Act in 1929. The Act is popularly known as the Sarda Act. The Act fixed the minimum age of marriage of girls and boys at 14 and 18 years, respectively. The jurisdiction of the Act was confined to British India alone. However, much before the British Government restrained child marriage, few Princely States had already banned child marriages. However, Hyderabad State could not ban child marriages. This article describes how the British-Andhra subjects performed child marriages in the territories of Hyderabad State to escape punishment for violating the Sarda Act. The subjects of the Hyderabad State clearly felt that the Andhra people were ‘defiling’ their ‘sacred territories’ by performing child marriages. This also intensified the demand for a ban on child marriage in the Hyderabad State. Women intellectuals, both Hindu and Muslim, were in the forefront in making the demand. The paper is based exclusively on primary sources. Newspapers and women’s journals in the Telugu vernacular such as the Golakonda Patrika, Andhra Patrika and Grihalakshmi, and autobiographies of Telangana intellectuals like Konda Venkata Ranga Reddy are used.
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Aleu, Aleu Garang, Ayii Isaac Ayii, and Anguyo Amos. "The Role of Community Leadership in Combating Child Marriage for Promotion of Girl-Child Education in Jonglei State, South Sudan: A Case of Dinka Bor Community." East African Journal of Education Studies 7, no. 2 (April 30, 2024): 141–53. http://dx.doi.org/10.37284/eajes.7.2.1896.
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Child marriage remains pervasive in many African societies and is strongly linked to culture and religion. It involves any marriage where one or both parties are under 18. Even though it refers to both girls and boys, an overwhelming number of informal and formal child marriages in Africa involve girls. Child marriage is a frequent and widely prevalent phenomenon in South Sudan, which occurs mainly in post-conflict settings. Statistically, 52% of South Sudanese girls are married before age 18, and 9% are married before age 15. The study adopted a qualitative case study design and focused on understanding the role of Dinka Bor community leaders and how they act in combating early marriage. The research techniques employed included observation, key informants, and in-depth interviews with community leaders. The study finds that girls are often denied school because of the cultural view that they are considered marriage materials necessary to acquire wealth in the form of bride prices. In addition, rural areas are worst affected, with few schools available located very far. Thus, it leads to frustration and school dropout. The study also establishes that it is not only culture that deters girl-child education, but poverty and social media are among the factors that drive child marriages in Jonglei State, South Sudan. Also, in the study, although legislations prohibit child marriages, the consent of the parents or guardian appears to be an undeterred factor that drives child marriage. In conclusion, community leaders appear to be playing a significant role in supporting government policies concerning child marriage and education in recent years
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MANDAL, BANASREE. "CHILD MARRIAGE." Science and Culture 87, no. 9-10 (November 24, 2021): 373. http://dx.doi.org/10.36094/sc.v87.2021.child_marriage.mandal.373.
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Khoyum, Adlian Aldita Alif Aisyah Ainur, Bertha Amilia, and Candra Hafidz Ardana. "Granting Inheritance to Extramarital Children in the Perspective of Islamic Law." Contemporary Issues on Interfaith Law and Society 2, no. 1 (January 31, 2023): 103–12. http://dx.doi.org/10.15294/ciils.v2i1.66343.
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At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
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Polat, Oğuz, and Zeynep Reva. "LEGAL DIMENSION OF CHILD MARRIAGES IN TURKEY: COMPARED WITH THE EASTERN EUROPE AND MIDDLE EAST COUNTRIES." International Journal of Research -GRANTHAALAYAH 7, no. 4 (April 30, 2020): 338–54. http://dx.doi.org/10.29121/granthaalayah.v7.i4.2019.916.
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Child marriage is defined as a marriage before the age of 18. In many countries, a significant number of girls still marry before the age of 18. The country governments and international communities are increasingly aware of the negative impacts of child marriages, but the actions to end the practice is still limited.
Child marriage threatens particularly girls’ lives and health, and it limits their future prospects. Early marriages are not considered as a "problem" by the majority of the society where as it is a phenomenon that has been existing for long years in our country. It is observed that one of the most important sources of legitimacy of marriage is public accord and these marriages are realized mostly in the framework of this accord. Patriarchal and traditional social structure have unfortunately normalized and legitimized early marriages.
It is necessary to hold meetings to create and develop awareness for implementation of Turkish Civil Code, Turkish Penal Code and Law on Protection of Minors. It will be therefore possible to ensure that children, families and people understand what kind of problems and penal responsibilities that early marriage of children constitutes
Child marriage is a problem that prevents the exercise of human rights, undermines the status of women and deprive child from their main rights including especially the education. Their marriages are a field that must be struggled with in Turkey targeting social gender equality.
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Tambunan, Khairani Amalia, Sriono Sriono, and Risdalina Siregar. "Legal Respect for Children from Sirri's Marriage in the Perspective of Islamic Marriage Law and Regulations Indonesian Law in the District Labuhanbatu." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 2 (April 28, 2021): 2043–52. http://dx.doi.org/10.33258/birci.v4i2.1892.
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Sirri marriage is a marriage that is legal according to the viewpoint of the Islamic religion, while a legal marriage according to the provisions of Articles 1 and 2 of the Marriage Law is that apart from being carried out on the basis of religion it must also be registered. This study aims to determine the legal consequences for children resulting from unregistered marriages based on Islamic law and statutory regulations. This study uses an empirical juridical method, which is conducting field research, in order to support data related to this research by conducting research at the Religious Courts.. The results showed that Labuhanbatu Regency is an area where many people still carry out unregistered marriages or sirri marriages. This can be seen from the data from the Rantauprapat Religious Court from 2018 until now, there have been 53 recorded cases regarding under-handed marriages that have been ordained. So that the legal consequence of the child resulting from a Sirri marriage has the status of an out-of-wedlock child and he cannot accept the rights of the child as a child from a legal marriage based on the marriage law. In the life of the nation and state, all citizens are obliged to obey and be bound by the prevailing laws and regulations in Indonesia.
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Schaffnit, Susan B., Mark Urassa, Joyce Wamoyi, Maria Dardoumpa, and David W. Lawson. "“I have never seen something like that”: Discrepancies between lived experiences and the global health concept of child marriage in northern Tanzania." PLOS ONE 16, no. 4 (April 1, 2021): e0249200. http://dx.doi.org/10.1371/journal.pone.0249200.
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Background The concept of ‘child marriage’ in global health distinguishes ostensibly harmful from healthy ages to marry at a universally-applied threshold of 18-years. With intensifying efforts to end child marriage, targeted communities are increasingly asked to change their perception of such marriages from relatively benign to profoundly problematic. The objective of this study is to understand how this shift in perception is navigated by adolescent girls and young women (AGYW). Methods Using qualitative data collected in 2019 from a semi-urban community in Tanzania where marriage under 18-years is common and campaigns to end child marriage ongoing, we contrast reports of lived experiences of marriage under 18-years among AGYW to views of child marriage as an abstract concept. Thirteen in-depth interviews with AGYW, as part of a wider qualitative study, were recorded, transcribed, and analyzed using a framework analysis approach. Results While many AGYW had heard of child marriage, the concept was routinely conflated with forced marriage, which is rare in the community, and non-marital teenage sex and pregnancy, which are common. As a likely consequence, participants disagreed on whether or not child marriage occurs locally. Furthermore, accounts of real-life marriages under 18 sometimes aligned with, but often departed from, common narratives about the purported causes and harmful consequences inherent to the global health concept of child marriage. Conclusions We argue that engaging with diverse local views and experiences of marrying young is essential to producing culturally-sensitive, effective initiatives addressing the vulnerabilities of female adolescence.
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Musfiroh, Mayadina Rohmi. "Penggunaan Pendekatan System Thinking dalam Penyusunan Policy Paper Penurunan Angka Kawin Anak di Jepara." Isti`dal : Jurnal Studi Hukum Islam 9, no. 2 (December 24, 2022): 250–63. http://dx.doi.org/10.34001/ijshi.v9i2.3892.
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The excessive rate of child marriage has a systemic impact on the future of children and the quality of family life. This phenomenon is shown by the number of submissions for marriage dispensation recommendations at the Religious Courts in recent years. In 2021, the main factors behind the application for a recommendation for dispensation for underage marriages are due to pregnancy (157 applications or 40.7%), avoiding adultery (155 applications or 40.2%), getting pregnant (44 applications or 11.4%) and had had sex (29 submissions or 7.5%). Of the 385 applications for a marriage dispensation recommendation, only 246 applications (63.7%) were granted by the Religious Courts. Child marriage will have a systemic impact, including decreasing the quality of life of women, children and families, increasing poverty rates and vulnerability to families. This activity aims to conduct an in-depth analysis of the factors that cause child marriage and formulate strategies and policies to reduce child marriage rates in Jepara, using the multi-stakeholder Focus Group Discussion method and the iceberg analysis model and U theory. trends, structures, mental models and sources that lead to high child marriages as well as the formulation of new mental models, program designs and policies to reduce child marriage rates in a more sustainable, comprehensive and integrated manner.
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Fakihudin, Rifki, Pramestya Raharjanti, and Muhammad Wahyu Saiful Huda. "RELEVANCE OF RELIGIOUS COURT DECISIONS REGARDING DISPENSATION IN CHILD MARRIAGE." Indonesia Private Law Review 3, no. 1 (June 29, 2022): 41–52. http://dx.doi.org/10.25041/iplr.v3i1.2567.
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Child marriage in Indonesia is very vulnerable and has been increasing in recent years. In fact, the granting of marriage dispensation in the Religious Courts triggers several legal consequences that arise. Whereas in practice the judge's consideration is not always accepted regarding the marriage dispensation, the judge can also decide to reject the application for child marriage by looking at the existing legal aspects. Based on these problems, the author explains two problems that are the focus of this paper, namely how the legal consequences of the marriage dispensation on child marriage and the relevance of Religious Court Decisions with positive law. This study used empirical juridical research methods. Using secondary data through literature studies such as laws and regulations, court rulings, and legal theory, the method of data analysis uses qualitative methods. Then, this research conducted an empirical study of the literature from online sources. With the receipt of the application for dispensation for marriage, the right to be able to carry out marriages will be obtained so that the marriages carried out are legally recognized by the state and religion. However, even if the judge rejects the application for dispensation for marriage, the applicant can file an appeal at the Supreme Court. In fact, the role of judges is very important and judges also need to be selective when issuing a request for a marriage dispensation so that the increase in child marriage in Indonesia can be prevented.
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Sukmana, Hendra, and Dian Suhartini. "Analysis of Child Marriage Prevention in Sidoarjo Regency." JKMP (Jurnal Kebijakan dan Manajemen Publik) 7, no. 2 (May 17, 2022): 1–7. http://dx.doi.org/10.21070/jkmp.v7i2.1692.
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Writer 's it aims to analyze and describe the strategies an obstacle Strategies Prevention of Marriage Children in the District of Sidoarjo . Writer 's is based on a fact that child marriages still occur in age or mentality of the child's thought patterns that are caused due to the circumstances pregnant at the outside of marriage on children that are into a problem which should be in preventing the marriage of children . Methods The author 's is using descriptive qualitative , techniques of collecting the data is done with interviews in depth , observation and study of literature that is relevant . The technique of determining the informants used purposive sampling. The informant in the Writer 's this is the Head of the Protection of Women's Rights and Protection , Head of Fulfillment Rights of the Child , Head of Security Family & Community Engagement , Head of Processing Data Population at the Department P3AKB, Ket ua Children's Forum and Actors Marriage Children in the District of Sidoarjo . Mechanical analysis of the author 's of this is the type of analysis of qualitative Referring to the theory of Miles and Huberman. The author 's results show that , prevention of child marriage is successful , as evidenced by the programs that run on the prevention of child marriage so that the number of child marriages in Sidoarjo can be reduced, in the absence of a culture of "marrying children as soon as possible so they don't become old virgins" This also supports the decline in the number of child marriages. K endala in the prevention of marriages child one of them is the lack of willingness of young people to think critically the mindset of young people should continue learning with the strategy of prevention marriage of children who applied P3AKB , associated with P ola think those parents who do not give priority to the ideals of children then from the Office of P3AKB should provide regular counseling to parents as one of the strategies of prevention marriage of children , so the mindset of parents are not primitive. Regarding the use of technology, parents must limit the use of cellphones, laptops, computers and so on
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Robles, Marcy J. "Child Marriage and the Failure of International Law: a Comparison of American, Indian, and Canadian Domestic Policies." International and Comparative Law Review 18, no. 1 (June 1, 2018): 105–25. http://dx.doi.org/10.2478/iclr-2018-0028.
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Summary What is child marriage? The recognized definition does not adequately encompass the experience of child marriage. Child marriage stems from many elements, including coercion, force, and economic deprivation. Furthermore, child marriages have a long-term effect on child spouses, ranging from psychological damage, to health complications, to education and personal limitations. This paper argues that current international treaties and agreements do not specifically or directly address the issue of child marriage. Of those that make an attempt to, fail as a result of lack of enforcement or too much deference to religion as an exception of child marriage prohibition. In comparing three countries – The United States, India, and Canada, it is clear that Canadian policies work best and should be implemented on a larger scale. Current U.S. policies do not fully combat the child marriage phenomena, and although it is ahead of India in this area, it still has a long way to go in terms of development.
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Lokot, Michelle, Holly Baker Shakya, and Beniamino Cislaghi. "The Limits of Child Agency?" International Journal of Children’s Rights 30, no. 1 (February 14, 2022): 173–203. http://dx.doi.org/10.1163/15718182-30010007.
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Abstract This article explores how communities and development practitioners conceptualise children’s agency. It highlights contradictions within non-government organisations (ngo) and United Nations (UN) narratives on child marriage: children are said to exercise agency when they defy forced marriage, yet they lack knowledge and choice if they themselves decide to marry. This article is based on interviews and focus group discussions with communities in Somalia and Cameroon, and interviews with development practitioners in both countries. The findings highlight four themes: child-led marriages are a newer practice; child-led marriages are often temporary; practitioners believe children are too young to exercise agency; and practitioners question whether children can make decisions. These findings have implications for child marriage interventions, highlighting the need for “agency” to be conceptualised less narrowly. For ngo s, UN agencies and policy-makers, requires reflecting on what it means to accept community choices, irrespective of whether the outcome is positive or negative.
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Nurfieni, Amrin. "The Impact Of Law Number 16 Of 2019 Marriage Dispensation And Child Marriage Gap." Indonesian Journal of Law and Islamic Law (IJLIL) 5, no. 2 (December 24, 2023): 50–61. http://dx.doi.org/10.35719/ijlil.v5i2.330.
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Child marriage in Indonesia is quite high. Child marriage is a form of violence against children and is a practice that violates children's basic rights as outlined in the Convention on the Rights of the Child (CRC). Child marriage limits access to essential services, including education and health services, and can have long-term negative impacts on children's well-being and life chances. The legal age limit for marriage in Indonesia is a minimum of 19 years. However, one of the policies in the Marriage Law is a loophole that supports the legality of child marriages, through the granting of dispensations by the Court. The number of requests for marriage dispensation at the Ambarawa Religious Court continues to increase. This data is a reference for the author in studying the impact of the enactment of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage, on children. This research uses normative juridical methodology, namely reviewing court decisions. As a finding, one of the impacts of the enactment of Law Number 16 of 2019 which amends Law Number 1 of 1974 concerning Marriage is the increase in the number of requests for marriage dispensation at the Ambarawa District Court, Semarang Regency. This increase reached 337%, with the average number of applications per month increasing from 7.44 to 25.07. Changes in the marriage age as stated in Article 7 regarding the minimum marriage age of 19 years are not effective in reducing the number of child marriages. So it is necessary to optimize the implementation of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Granting Marriage Dispensations to ensure that judges have clear procedures and structured steps in adjudicating marriage dispensation cases.
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Deane, Tameshnie. "Marrying Young: Limiting the Impact of a Crisis on the High Prevalence of Child Marriages in Niger." Laws 10, no. 3 (July 28, 2021): 61. http://dx.doi.org/10.3390/laws10030061.
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Child marriage is a harmful and discriminatory global practice, robbing millions of girls of their childhood. Global attention and momentum to end early marriage has increased over the years; however, the impact of the COVID-19 pandemic has affected this progress. It has been predicted that over the next decade up to 10–13 million more girls will be at risk of child marriage because of the pandemic. Since Niger has consistently had the highest rate of child marriage in the world, this study will explore the impact of the COVID-19 pandemic on child marriages within the west and African region but specifically within Niger. This article will look at past response efforts to other pandemics, specifically Ebola, and show how the girl-child remains disproportionately disadvantaged, especially during pandemics. The article will conclude with recommendations on the importance of incorporating a gender analysis into preparedness and response efforts to eliminate child marriages.
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Ricker, Chelsea L., Seth Earn, Madhumita Das, and Margaret E. Greene. "The Right to Leave: Dissolution of Child, Early, and Forced Marriages and Unions." Adolescents 3, no. 3 (August 9, 2023): 490–507. http://dx.doi.org/10.3390/adolescents3030035.
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Global interest in child, early, and forced marriage and unions (CEFMU) is reflected in a large and growing body of research and interventions. Those interventions have focused on raising the minimum age of marriage, establishing laws and penalties for those who ignore these minimums, investing more heavily in girls’ education, addressing structural inequalities, and bringing about gender and social norm change. Missing has been any discussion of the right to leave marriage. As we learn more about the forces that drive child marriages and unions and what works to prevent them, rare is any mention of how these marriages sometimes end and what happens when they do. Human rights standards focus on the ability to choose “if, when, and whom to marry”. We posit that without the ability to decide if and when to leave marriage, marriage cannot be considered a choice. This paper explores why the right to leave marriage matters so deeply, describes the obstacles to girls’ access to divorce and to protections after divorce or separation, and links these to the factors that drive child, early, and forced marriages and unions.
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Gök, Maide. "Child marriages in Turkey with different aspects." Journal of Human Sciences 13, no. 1 (April 23, 2016): 2222. http://dx.doi.org/10.14687/ijhs.v13i1.3795.
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Child marriages are one of the most improtant reasons of gender inequality in the family in Turkey, as well as a widespread social problem we face is seen all over the world. This situation increases the need for child marriages to be viewed from a different dimension to the phenomenon and to reveal all aspects of this problem. The issue of child marriages are being addressed in the literature in recent years has been the subject of research in different disciplines, but most of the work is focused on a single dimension of child marriage or depending on the specific area it seems they are trying to identify child marriage. In current study, although carried to contribute to the debate on the concept of child marriage, legal issues, medical, economic, social and political dimensions are presented with an integrated approach. In present study, it has been found that child marriages are an important result of observed gender inequalities in social, political, and economic life and child marriages have been found to cause to continue the gender inequality on women’s lives. However, the cultural codes, values and inequalities, the deterioration of the family structure, social movements, and migration are seen to have an impact on child marriages. In this study, many suggestions are offered to solve the problem of child marriages such as ensuring gender equality in childhood, abandoning conditioning on gender roles, and increasing education level and the law enforcement.
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Subchi, Imam, Qosim Arsadani, Muhammad Ishar Helmi, and Efin Faridho. "Legal Policy of Child Marriage In the Covid-19 Pandemic Period." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 2 (December 26, 2021): 846. http://dx.doi.org/10.22373/sjhk.v5i2.10570.
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The increase in marriage dispensation applications that occurred during the Covid-19 pandemic also caused the high number of child marriage. Nevertheless, this has been strictly required in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Marital Law), the minimum age limit for men and women is 19 years, and requirements of irregularities for this age that must meet urgent criteria and sufficient support evidence. This is done, to reduce underage child marriages as a form of enforcing the principle of children's best interests. This paper describes the complexity of underage children's marriage during the Covid-19 pandemic period, as a convenience requirement of marriage dispensation has been set rigid in the Marriage act. The method used in this paper is normative by using several approaches: the statute approach, conceptual approach, and case approach. The results of the government's policy during the Covid-19 pandemic period which brought massive changes to the community's order had an impact on the collapse of the family economy. This resulted in the mass number of the child's marriages in the pandemic period. The research findings of this study deliver to children's rights violations through child marriages. The risk of decreasing individual economies, maternal and infant health, and household violence become unavoidable considering the psychological conditions of children who are immature in marriage.
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Nguyen, Sau Thi Ut, and Trung Duy Tuong. "Perception, Evaluation, and Factors Influencing Educational Activities to Prevent Child and Consanguineous Marriage of Ethnic Minority Students in Secondary School." Humanities and Social Sciences Letters 11, no. 1 (December 2, 2022): 1–9. http://dx.doi.org/10.18488/73.v11i1.3214.
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Child and consanguineous marriages among students from ethnic minorities have consequences and risks for schools, families, and society. This study's primary purpose is to research the perception, appraisal, and factors influencing educational initiatives to avoid child and consanguineous marriage among secondary school students from ethnic minority groups. This study surveyed 106 administrators, teachers, and students from secondary schools in Dien Bien province, Vietnam, using three questionnaires designed to measure perception, evaluation, and factors influencing educational activities to prevent child marriage and consanguineous marriage. To examine data, a descriptive analysis was performed. The results indicate that the administrators, teachers, and students of secondary schools for ethnic minority affairs have an average understanding of the role of educational activities in preventing child marriage and consanguineous marriage. In secondary schools for ethnic minority affairs, administrators, teachers, and students lack a strong understanding of the role of educational activities in preventing child marriage and consanguineous marriage; many students and teachers are indifferent to programs for preventing child and consanguineous marriage. This study contributes to the overall discourse of administrators at secondary schools for ethnic minority issues applying a variety of educational materials, forms, and strategies to prevent child marriage and consanguineous marriage among students.
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Juniyati, Erni, and Miftakur Rohman. "PERNIKAHAN DIBAWAH TANGAN DALAM TINJAUAN MAQ??ID AL-SHAR?‘AH DAN UTILITARIANISME." MASADIR: Jurnal Hukum Islam 3, no. 02 (March 12, 2024): 744–63. http://dx.doi.org/10.33754/masadir.v3i02.921.
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Private marriages are marriages carried out by Muslims who fulfill the pillars and requirements of marriage, but are not registered with the Marriage Registrar as regulated in Law no. 1 of 1974 concerning Marriage. This marriage is actually valid if it meets the marriage requirements according to Islamic law. It's just that formally, juridically, it doesn't meet the requirements of the provisions regulated in Law no. 1 of 1974 and its implementing regulations, namely that it is not registered with the Marriage Registrar's Office. So the impact that arises from this underhanded marriage is that the wife is not entitled to alimony, inheritance, shared assets. Apart from that, the status of the child born is considered an illegitimate child. As a consequence, the child only has a civil relationship with the mother and the mother's family. This research is a type of normative research. The nature of the research is descriptive qualitative, namely describing underhanded marriages based on Maq??id Al-Shar?'ah and Utilitarianism. The research results show that marriage under the hand is not in accordance with Maq??id Al-Shar?'ah because it is contrary to the benefit of human al-?ar?r?yah, namely religion, soul, reason, lineage and property. This marriage is also incompatible with Utilitarianism because it is not in accordance with the principle of happiness.
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Mardiono, Eko. "Pernikahan Dini Dalam Hukum Perkawinan di Indonesia." Musãwa Jurnal Studi Gender dan Islam 8, no. 2 (July 31, 2009): 223. http://dx.doi.org/10.14421/musawa.2009.82.223-244.
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Contemporary Indonesians witness the rise of the popularity of marriage of the minors, despite the application of the Indonesian Marriage Law no 1/1974 that forbids child marriages for decades. The enactment of the Law decades ago was meant to be a social engineering mean to erase the practice of child marriage with social compromises. Recent research in medical studies show that there is significantly high risk for young women under 18 years old who do sexual intercourse to be infected with servick cancer. Many other research on child marriage using psychological and social approaches also suggest that actors of child marriage are of high risk of suffering from social and psychological troubles. Now, what can we do with the Indonesian Marriage Law that still endorse marriage for girls under 18 years old? This paper discusses the issues from different perspectives.
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Filani, Alfred Oluropo, and Tolulope Omolola Fateropa. "Impact of Child Marriage on the Girl-Child in Relation to Target 5 (3) of The 2030 Sustainable Development Goals." Global Journal of Politics and Law Research 11, no. 5 (May 15, 2023): 8–20. http://dx.doi.org/10.37745/gjplr.2013/vol11n5820.
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Child marriage is a societal quagmire that has been on the front burner at various public discourses in Nigeria for some time. Despite the fact that child marriage and betrothal are prohibited by National legislation, the socio-cultural practice and religious backing of the issue in some sections of Nigeria make it a necessary evil which continues to stare us in the face. This societal ill persists despite local and international attempts (Sustainable Development Goals and Millennium Development Goals) at curbing this menace aimed at the girl child. Early child marriage grossly and negatively affects the education process of the young girl and the economic wellbeing, advancement and development of any country where child marriages are being practised. This paper looks at the impact of early child marriages on the girl child and how this phenomenon grossly affects the girl child while making recommendations to assuage the situation.
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Syahrudin Hidayat, Abdul Ghofur, and Ummul Baroroh. "The Norm of Marriage Age Limit and Cultural Contestation of Child Marriage Law in Rural Communities." Jurnal Hukum Islam 21, no. 1 (June 10, 2023): 55–82. http://dx.doi.org/10.28918/jhi_v21i1_03.
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Changes in state legal norms regarding the age limit for marriage have been implemented to reduce the number of child marriages in Indonesia. However, child marriage is still practised, especially in rural areas of Central Java. This paper discusses three main problems, namely the prevalence of child marriage in rural areas, the dominance of tradition and dogmatic understanding of religion, the impact of poverty and social media technology as factors influencing child marriage in rural communities, and the transformation of social engineering through education and economic improvement to overcome the problem. child marriage in rural areas. This legal sociology research uses a qualitative approach. Data analysis techniques use interactive models. The study shows that the prevalence of child marriage increased by 300% after changes in norms regarding the age limit for marriage, especially in rural communities. This happens because child marriage in rural communities is a tradition passed down through generations. Traditions and religious norms understood by rural communities as allowing child marriage have become an unwritten legal system implemented by the community. Changes in state legal norms regarding marriage age limits have the potential to disrupt established social institutions, so that sociologically they are not binding as norms for rural communities, giving rise to an apathetic public response. Therefore, efforts to improve the education and economic systems with a holistic approach are very effective in overcoming the problem of child marriage in rural communities.
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Latifiani, Dian. "The Darkest Phase for Family: Child Marriage Prevention and Its Complexity in Indonesia." Journal of Indonesian Legal Studies 4, no. 2 (November 30, 2019): 241–58. http://dx.doi.org/10.15294/jils.v4i2.34708.
Full textAbstract:
The research is intended to examine how child marriage happened and the implementation of policy to prevent the child marriage. The research also examine some cases concerning to child marriage and its complex condition, especially in some area of Central Java, Indonesia. The method used to obtain the main data for the research is by interviewing and observing the main site location, at Munding Vilage Semarang Regency. Some related government offices also become one of the sources of data. The research emphasized that child marriage occurs because of the education of the bridegroom's children, the local culture of marriage at the age of the child is better than marriage in high school, economic factors of the child's family and social or environmental factors of the child. Impact of child marriages (women): vulnerable to divorce, psychological problems that are not yet stable in the management of the household, the breakup of formal education, reproductive health is not ready. The research highlighted that local culture is a challenge in opposing marriage at the age of the child. The research concluded that preventive efforts carried out by related institutions through education complaints in accordance with the main tasks of each related institution.
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Ilhami, Haniah. "Relevansi Putusan Mahkamah Konstitusi Nomor 22/PUU-XV/2017 dalam Upaya Mencegah Perkawinan Usia Anak." Jurnal Konstitusi 17, no. 2 (August 19, 2020): 284. http://dx.doi.org/10.31078/jk1723.
Full textAbstract:
This research concludes that the Constitutional Court Decision Number 22 / PUU-XV / 2017 which mandates the legislators to revise the age-limit of marriage, is irrelevant in preventing child-age marriages. Indonesian marriage legal system continues to open up opportunities for deviations of the principle of age-limit of marriage through Dispensation of Marriage. This research finds the juridical development on Dispensation of Marriage on the type of marriage requiring Dispensation of Marriage, the applicant of Dispensation of Marriage, the authority to provide Dispensation of Marriage, and the administrative requirements to submit the Dispensation. Based on these developments, several factors that cause irrelevancy of the Constitutional Court Decision Number 22 / PUU-XV / 2017 in preventing child-age marriages are the absence of specific requirements in the application of Dispensation of Marriage to the court, the existence of the Principle of Freedom in procedural law, the voluntary nature attached in the request for Dispensation of Marriage, as well as the extension of provisions of applicants who can submit an application to the court.
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Deane, Tameshnie. "Secondary Schooling Education as a Strategy to Combat Child Marriage." African Journal of Gender, Society and Development (formerly Journal of Gender, Information and Development in Africa) 12, no. 1 (March 1, 2023): 87–106. http://dx.doi.org/10.31920/2634-3622/2023/v12n1a5.
Full textAbstract:
The evidence base on child marriage has grown substantially over the past decade, especially regarding its levels, trends, causes and consequences. The importance of such evidence is that it has been particularly useful in making an urgent case for investing in child marriage prevention initiatives and for doing so with cross-sectoral efforts. However, the rates of child marriage in the West and Central African region remain unacceptably high. An extremely effective but not yet fully explored strategy is to use girls’ education as a mechanism towards ending child marriages. By analysing the correlation between early marriage and school drop-out rates and looking at the advantages of this correlation to the regions Sustainable Development Goals, this article advocates for ending child marriages in a more targeted way. The paper will analyse some country-specific strategies to highlight how investing in girls’ education at more than primary schooling level will lead to the achievement of many of the development goals of the region. This paper aims to fill a knowledge gap by arguing that there currently exists an opportunity to address child marriages and development goals through policies and strategies that are specifically aimed at keeping girls in school for longer.
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Dewi, Novita. "CHILD MARRIAGE IN SHORT STORIES FROM INDONESIA AND BANGLADESH: VICTOR, SURVIVOR, AND VICTIM." International Journal of Humanity Studies (IJHS) 2, no. 1 (September 17, 2018): 51–60. http://dx.doi.org/10.24071/ijhs.v2i1.1511.
Full textAbstract:
Early marriage is a total destruction to the human rights of children. Contrary to the conviction that child marriage in rural, developing countries is inextricably linked with their cultural backwardness, violence against women need to be examined and addressed in terms of the specific socio-economic and cultural conditions as to why girls, adolescents and young women are forced to live and marry in their young age. This article examines two shorts stories from Indonesia to be analyzed comparatively with another story from Bangladesh to show the limit of mainstream feminist perspectives that often put the blame on minority cultures. The present study reveals that first, child marriages in both countries are largely driven by such factors as poverty, economic dependency, lack of education, and dowry in Bangladeshs case. Secondly, the ways in which authors depict child marriages vary, i.e. it is either perpetuating the violence in child marriage, or critically depicting child marriage as an aberrant patriarchal practice. Taken together, the child brides play their respective role as victor, survivor, or victim.DOI: https://doi.org/10.24071/ijhs.2018.020106