PAPER FAMILY AND INHERITANCE ISLAMIC LAW

ISSUES ARISING OUT OF THE EARLY MARRIAGE

Arranged by :
BAGAS SAPUTRA WIYANDAKA
20150610377

UNIVERSITAS MUHAMMADIYAH YOGYAKARTA

FACULTY OF LOW
INTERNATIONAL PROGRAM FOR LAW AND SHARIAH
2016

TABLE OF CONTENTS

Table of Contents.....................................................................................................................i
CHAPTER I
INTRODUCTION.................................................................................................................1
A. Background.................................................................................................................1
B. Problem Formulation..................................................................................................2
C. Purpose........................................................................................................................2
CHAPTER II
FINDING AND ANALYSIS.................................................................................................3
A. Factor that Encourage Early Marriage........................................................................3
B. Problems occurred by early marriage.........................................................................4
1. Child Marriage and educational degree................................................................4
2. Domestic problems in premature marriage...........................................................5
3. Health Reproductive and early marriage..............................................................5
4. Children of early marriage....................................................................................6
5. Psychosocial complications as a result of marriage
and pregnancy at an early age...............................................................................7
C. Legal review in early marriage...................................................................................7
CHAPTER III
CONCLUSION AND SUGGESTION................................................................................9
A. Conclusion..................................................................................................................9
B. Suggestion...................................................................................................................9
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References.............................................................................................................................10

CHAPTER I
INTRODUCTION

A. Background
Marriage is a sacred procession in human life. Law No. 1 of 1974 Article 1 states
that marriage is a bond physically and mentally between a man and a woman as husband
and wife with a purpose establish a family or household a happy and lasting popularity.
Belief in the one and only God. Article 2 states that marriage is declared valid if done
according to the law of each religion and belief, and each marriage is recorded in
accordance with legislation that apply. Among the many forms of marriage that happens,
there is a phenomenon early marriage in teenagers. In essence, early marriage is a bond
or a form of marriage in which one or both partners aged under 18 years of age or are
studying school and still included in the category of adolescence. So a marriage called
early marriage, if both or one partner is still under 18 years of which were aged teens.
Early marriage often potentially in the case of divorce, it is due to the lack of
mental and emotional readiness are forced to pair married because of pregnancy outside
marriage. The pair were initially not states that marriage against the background of their
pregnancy out of wedlock, but over time, the facts finally revealed. This matter due on
physical and mental unpreparedness for couples who are forced to marry because such
discontent. As a result, for married, both partners are not can fulfill their respective
responsibilities, then trigger various quarrel even acts of domestic violence to the
violence either spouse and children, and in its development, early marriage will bring a
major psychological problem in the future because the wedding.
Based on Demographic Data Survey Indonesia (IDHS) 2007, in some areas it was
found that one third of the total number of recorded marriages performed by couples aged
under 16 years. The number of cases early marriage in Indonesia reached 50 million
people with an average age of 19.1 years of marriage. In East Java, South Kalimantan,
Jambi, and West Java, the incidence of early marriage respectively 39.4%, 35.5%, 30.6%
and 36%. Even in some rural areas, weddings are often performed immediately after the
daughter got married at the age of first menstruation. Less than 18 years is a reality that
must be faced by most children around the world, particularly developing countries.
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Although the Declaration of Human Rights in 1954 explicitly opposed child marriage,
but ironically, the practice of early marriage is still ongoing in various parts of the world
and it reflects the protection of human rights younger age groups are neglected.
Implementation of Act was often ineffective and broken by the customs and traditions of
social norms of a community group.
A UNICEF literacy studies found that the interaction of various factors cause
children risked marriage at an early age. It is widely known that the marriage of children
related to the tradition and culture, so it is difficult to change. Economic reasons, the hope
of achieving social and financial security after marriage causes many parents encourage
their children to get married at a young age. The international community is well aware
that the issue of child marriage is a very serious problem. Implications in general that
women and children will bear the risk in various aspects, related to the wedding
unwanted sexual intercourse imposed, pregnancy at a very young age, as well as
increasing the risk of transmission of HIV infection, other sexually transmitted diseases,
and cancer cervix. Reaching consequences in various aspects of life is certainly an
obstacle in achieving the Millennium Developmental Goals.
Based on the description and the phenomenon of the problems above, the
researchers wanted to examine more about the problems posed by early marriage
B. Problem Formulation
1. What are the Factors that encourage early marriage?
2. What are the problems occurred by early marriage?
3. How the legal opinion about early marriage
C. Purpose
1. To know about the factor that encourage early marriage
2. To know about the problems that occurred by early marriage
3. To know the legal review of early marriage

CHAPTER II
FINDING AND ANALYSIS

A. Factor that Encourage Early Marriage

In the study Choe, Thapa, and Ahmad (2001) 1 revealed that the marriage before
the age of 18 generally occurs in women Indonesia mainly rural region. It can be caused
by a low level of education, according to Choe, Thapa, and Ahmad (2001) 2, an educator
higher women closely associated with teenage marriage age slower. Gap access to
opportunities both in terms of welfare and equality affect the position of women in
decision-making in early marriage. Based on research and Gubhaju Jones (2008) 3 in
recent decades changes in trends in age at marriage are more prevalent in urban areas in
some provinces which widen the differences between urban and rural areas in Indonesia.
In addition premature marriages can be caused by a culture that is still very
permissive governing marriage early age, especially for women. According to research
Jones & Gubhaju (2008)4, early marriage in Indonesia on a regular basis to reflect the
arranged marriage or pregnancy outside marriage. In arranged marriages have always
been a party girl who married a young age. This indicates gender relations
asymmetrically so happens to young women in the issue of early marriage. Based on
some variation of case studies are reviewed by Vidhyandika Moeljarto (1997) 5 illustrates
1 Choe, Thapa, dan Achmad, Early Marriage and Childbearing in Indonesia and
Nepal in East-West Center Working Papers: Population Series No. 108-15,
November 2001. East West Center (2001)
2 Ibid
3 Jones & Gubhaju, Trends in Age at Marriage in Provinces of Indonesia, in Asia
Research Institute Working Paper no 105: 2008, Asia Research Institute NUS Singapore (2008)
4 ibid
5 Moeljarto, Vidhyandika Gender dan Kemiskinan : menelaah posisi perempuan
dalam pembangunan pertanian, dalam Analisa CSIS XXVI (4) 1997: 372-385.
(1997)
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that the asymmetrical gender relations are heavily influenced by social, economic and
cultural.
The issue of economic needs and low education also always been one of the
causes of gender discrimination on women, including on the issue of early marriage.
Research Klasen and Wink (2002)6 shows where the region with increased education and
welfare decrease in gender differences and areas with poor education and welfare causes
gender differences do not change even deteriorate.
The occurrence of child marriage in Suryono caused by Hollean by:
a. Family economic problems
b. The parents of the girls asked the public to the family of the boy when want to
marry off their daughters.
c. That the existence of child marriage, then in the family girls will be reduced
by one member of the family that is the responsibility (Food, clothing,
education, and so on) (Soekanto, 1992: 65).
In addition, according to experts at the top, there are several factors that
encourage the occurrence of child marriage is often found in the community we are:
a. economy
Early marriage occurs because the state of families living in line poverty, to
relieve the burden on parents then his daughter mated to people who are
considered capable.
b. Education
The low level of education and knowledge of parents, children and society,
causing a tendency marry her which is still under age.
c. Factors parents
Parents worry taxable disgrace because of his daughter dating a man who are
very sticky so soon marry her.
d. Mass media
Incessant exposure to sex in the media led to an increasingly modern
teenagers Permissive toward sex.
e. custom factor
Early marriage occurs because parents are afraid their children say spinster so
soon mated.
B. Problems Occurred by Early Marriage
1. Child marriage and education degrees
6 Klasen, S., Wink, C. A Turning Point in Gender Bias in Mortality? An Update on the
Number of Missing Women in Population and Development Review 28 (2) : 285-312
(June 2002).
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The younger the age of marriage, the lower the level of education achieved by the
child. Child marriage often leads to children dropping out of school, because now he
has new responsibilities, namely as wives and mothers, or head of the family and the
prospective father, who is expected to play more care of the household and become
the backbone of the family and the need to earn a living. Another pattern that is
because the cost of education is unattainable, children dropping out of school and
then married to shift the onus of parents to support the child to her partner.
From various research shows that there is a correlation between level of education
and age at marriage, the higher the child's age at marriage, the education of children is
relatively higher and vice versa. Marriage at an early age according to UNICEF study
in 2006 also appears to be related to the degree of education. Delaying the age of
marriage is one way for children to higher education.
2. Domestic problems in premature marriages
Gender inequality is a consequence in child marriages. Bride of children have a
limited capacity to voice opinions, negotiate the desire to have sex, use
contraceptives, and bear children. Similarly to other domestic aspects. Domination
couples often causes the child vulnerable to domestic violence. Domestic violence
was highest in India, especially in women aged 18 years. Women who marry at a
younger age are often subjected to violence. Children who face domestic violence
tend not to take the fight, as a result, they would not get the fulfillment of a sense of
security in social and financial. Moreover, marriage with a partner far adrift of age
increases the risk of becoming incomplete families due to divorce, or widowhood
because the couple died.
3. Health Reproductive and early marriage
It is important to note that gestational age less than 17 years increases the risk of
medical complications, both in the mother and the child. Pregnancy at a very young
age it turns correlated with maternal mortality and morbidity. Mentioned that girls
aged 10-14 are five times the risk of dying during pregnancy or childbirth compared
to the age group of 20-24 years, while the risk is doubled in the age group 15-19
years. The maternal mortality rate under the age of 16 years in Cameroon, Ethiopia,
and Nigeria, even higher up to six-fold. Anatomy of a child's body is not ready to
contain and childbirth process, so that there can be complications such as obstructed
labor and obstetric fistula. Data from UNPFA 2003, showed 15% -30% among labor
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at an early age is accompanied by chronic complications, which is obstetric fistula.

Fistula is a breakdown of the female organs that causes leakage of urine or faeces into
the vagina. Women younger than 20 years are particularly vulnerable to obstetric
fistula. Obstetric fistula can occur also as a result of sexual intercourse at an early
age. Child marriage is closely linked to high fertility, pregnancy at a short distance,
also the occurrence of unwanted pregnancy.
Young age at first sexual intercourse also increases the risk of sexually transmitted
diseases and HIV infection. Many teenagers who married early stop schooling when
they are tied in the institution of marriage, they often do not understand basic
reproductive health, including the risk of HIV infection. The HIV infection is
obtained as a direct transmission from an infected partner who has sex before.
Furthermore, the age difference is too much causes the child is almost impossible ask
for safe sex due to the dominance of the pair. Marriage a young age is also a risk
factor for cervical carcinoma. Limitation of movement as a wife and a lack of support
for health services due to hit husband permit conditions, economic limitations, then
the barrier is certainly contributing to the increased morbidity and mortality in
pregnant teenagers.
4. Children of early marriage
When a child is still growing experience the process of pregnancy, there is
competition nutrients by the fetus, so the weight of pregnant women are often
difficult to ride, may be accompanied by anemia due to nutritional deficiencies, as
well as the risk of having babies with low birth weight. It was found that about 14%
of babies born to teenage mothers under 17 years is premature. Pelvic anatomy are
still in the growth of risk for the occurrence of prolonged labor thereby increasing
infant mortality and neonatal death. Depression at the time of the pregnancy risk for
occurrence of miscarriage, low birth weight and others. Depression is also associated
with increased blood pressure, thus increasing the risk of eclampsia which harm the
fetus or the mother who conceived him.
Good prenatal care can actually reduce the occurrence of complications of
pregnancy and childbirth. But unfortunately due to financial constraints, limited
mobility and speech, the young wives often do not get the health care they need, thus
increasing the risk of maternal complications and mortality. Being a parent at an early

age with the skills to care for children as less as adults can put children born at risk of
abuse or neglect. Various studies have shown that children born premature marriages
at risk of developmental delay, learning difficulties, behavioral disorders, and also
tends to be a parent at an early age.
5. Psychosocial complications as a result of marriage and pregnancy at an early age
Psychosocial complications as a result of marriage and pregnancy at an early age
is supported by a study showed that long-term social negative outcomes are
inevitable, pregnant mother at an early age will experience prolonged trauma, while
also experiencing a crisis of confidence. Children also psychologically not ready for
the responsibility and role as wife, sexual partner, mother, making it clear that child
marriage causes a negative impact on the psychological well-being and development
of their personality.
C. Legal review in early marriage
Convention on the Rights of the Child (CRC) are acting as international law and
the CRC, ratified by Presidential Decree No. 36 of 1990, to further passed into law the
Child Protection 23 years 2002. Ratification of the bill is aimed to realize the protection
and welfare child. In Law Child Protection stated clearly that the Unitary Republic of
Indonesia guarantees the welfare of each of its citizens, including the protection of
children's rights is a fundamental human right.
CRC has become part of the national legal system, and consequently we are
obliged to recognize and fulfill the rights of children as defined in the CRC. One of the
principles in the CRC, which is "the best interests of the child". The purpose of the
principle of "the best interests of the child" is in all actions relating to children by the
government, the public, legislative and judicial bodies, the best interests of the child shall
be a primary consideration. In the Child Protection Act article 1, paragraph 2 states that
"child protection" means all activities to ensure and protect children and their rights in
order to live, grow, develop, and participate optimally in accordance with human dignity,
as well as the protection of violence and discrimination.
In a declaration of human rights, said that marriage should be done on the full
consent both partners. But the reality faced in this early marriage, consent to marry is
often the accumulation of force or coercion parent / guardian of a child, so the child
agrees to marry is often a sense of devotion and respect for parents. Parents marry off
their children assume means a form of protection to the child, but this would cause a loss
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of opportunities for children to develop, grow up healthy, and the loss of freedom in
choosing. A similar statement was issued by the International Humanist and Ethical
Union, that marriage is a form of child abuse in children (child abuse). In this case, given
the consequences faced by children associated with early marriage as in ba has, then the
child marriage would lead to non-fulfillment of the principle of "the best for the child", so
this is a violation of children's rights.
In the Child Protection Act clearly mentioned also about the obligations of parents
and the community to protect children, as well as the obligations of parents to prevent
marriage at the age of children (Article 26). Penal sanctions as a punishment brackets in
prison and fines stipulated in article 77-90 when found violations of child protection
provisions.

CHAPTER III
CONCLUSION AND SUGGESTION
A. Conclusion
Early marriage caused by many factors, one of which is the level of education.
low level of education makes Indonesia as a country that is doing a lot of early marriage.
not only that, coercion of parents also contributing cause of children who are not old
enough to get married. when it should be done on the basis of marriage alike agreed
without any compulsion.
Not only that early marriage is also bad for health and child psychology because it
is supposed to age as it was not yet time to get married. in child protection legislation also
mentioned that parents are obliged to protect their children so that does not happen things
that are undesirable due to early marriage
B. Suggestion
Parents should really understand what should be done by their children so early
marriage can be avoided, and the government should also tighten the law on early
marriage so that bad things caused by early marriage can be suppressed

References
Choe, Kim; Thapa; dan Achmad (2001), Early Marriage and Childbearing in Indonesia
and Nepal in East-West Center Working Papers: Population Series No. 108-15,
November 2001. East West Center(2001).
Jones & Gubhaju, (2008), Trends in Age at Marriage in Provinces of Indonesia, in Asia
Research Institute Working Paper no 105: 2008, Asia Research Institute NUS
Singapore.
Klasen, S., Wink, C. A Turning Point in Gender Bias in Mortality? An Update on the
Number of Missing Women in Population and Development Review 28 (2) : 285312 (June 2002).
Moeljarto, Vidhyandika Gender dan Kemiskinan : menelaah posisi perempuan dalam
pembangunan pertanian, dalam Analisa CSIS XXVI (4) 1997: 372-385. (1997).
UNICEF. Child protection information sheet: child marriage.
UNICEF. Early marriage: a harmful traditional practice, a statistical exploration.
Indonesian Republic Act No 49 of 1974 on Marriage
Convention on the Right of a Child (CRC), (1989).
Indonesian Republic Act No 35 of 2014 on Child Protection.
Indonesian Republic Act No 23 of 2002 on Child Protection.
Universal Declaration Of Human Right
Indonesian Republic Presidential Decree No. 36 of 1990

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