Shafaqna English– The Encyclopedia of Women and Islamic Cultures has published the paper “Marriage Practices: Indonesia” written by Eva Nisa in 2016.
According to Shafaqna, this paper explores the intersection of issues related to Muslim marriage, cultural traditions, Islamic law, and gender in Indonesia.
Based on the Islamic belief, the most important event in the life of a Muslim is marriage. Akad Nikah is enshrined in the Compilation of Islamic Law which arranges the Islamic rules to be followed by Muslims in Indonesia on issues such as marriage, inheritance, and endowment. Key aspects of Muslim marriage in Indonesia, and in particular arranged marriage, early marriage, cousin marriage, love marriage, and the postponement of marriage as well as the rights of women are mentioned below:
Arranged marriage
Historically, arranged marriage has been quite popular in many regions of Indonesia, especially in Java. Different localities have multiple approaches for organizing arranged marriages. Those who experienced an arranged marriage were normally very young.
Early marriage
In the past, early marriage was a common practice in the archipelago. Initially there was not significant criticism toward early marriage since both Islamic law and the Adat Laws (customary laws) in several parts of Indonesia allow the practice.
In Islam, for instance, there are no teachings mentioning an age limit for marriage and there is the concept of Walī Mujbīr (guardian), referring to a girl’s guardian, such as a father or grandfather, who can give consent on behalf of the girl to be married.
Marriage and parenthood in Indonesia are an indication of the transition to adulthood.
The 1974 Marriage Law was considered as one of the successes in the struggle of Indonesian reformists, especially women activists, in their fight against early or child marriage.
According to Article 7 No 1 of the 1974 Marriage Law, the minimum marital age is 16 years for girls and 19 years for boys, with parental consent also required for those who want to marry under the age of 21 (Article 6 No 2).
Cousin marriage
Cousin marriage is a chosen type of marriage in systems such as those of the Bugis of South Sulawesi and the Madurese of East Java. It is worth noting that cousin marriage in Indonesia is found in specific marriage systems which are different extremely between cultural groups.
In Muslim communities, some parents not only follow customary marriage arrangements but also believe that the Quran does not prohibit cousin marriage (cf. Q 4:23). However, other Muslims express opposition to the marriage of cousins because they often worry about the negative effects of this kind of marriage, particularly concerning the possible mental retardation of children.
The primary objective for cousin marriage is to strengthen and maintain the bond of family.
Love marriage
Love marriage has appeared both as an oppositional stance and especially as a result of changes in Indonesian society. There have been several factors that have led to the growing popularity of love marriage or the desire to choose one’s own marriage partner in contemporary Indonesia.
Robinson, in her study of the trend of marriages based on romantic love in Soroako mentions several factors, in particular the transformation of economic conditions from “agricultural to the wage economy” (Robinson 2009, 125). This can be observed in most other areas of Indonesia.
postponement of marriage
Currently, there is an increase in the number of Muslim women who are postponing marriage. The postponement of marriage is common in cities, particularly in the capital city of Jakarta. However, postponement has not resulted in an increase in female singletons. This is mainly due to the fact that Indonesian Muslims believe in the importance of marriage in their lives.
Mahr
Mahr (Ind. Mahar), is the obligatory gift paid by the groom to the bride in Islamic marriages. It is a sign of respect and honor from a groom to a bride. Mahr or Sadāq should be considered as a right of the Muslim woman.
Article 32 of the 1991 Compilation of Islamic Laws states, “‘Mahar is submitted directly to the bride and from then on it becomes her personal possession” (Salim & Azra 2003, 285). Although mahr is compulsory, there is no ruling on the exact amount. Immaterial things can be used as Mahr too.
Religion, for many Muslim women, is often the major factor that causes them to marry.
It is noteworthy that there are various types of marriage payments which are influenced more by custom rather than Islam and so differ remarkably between the regions of Indonesia. The types of payments range from a contribution to the wedding feast and household goods, to capital goods, which may be in the form of rice fields or financial assets, including gold.
These types of marriage payments are often regarded as forms of exchange and a signal of the status of the parties, including the bride’s and groom’s academic status, careers, and most importantly, family backgrounds. There is no rule in Islam about other marriage payments, except the Mahr.
Woman’s right of divorce
In addition to mahr, the most important aspect during the akad nikah is the pronouncement of the woman’s right of divorce, which is written in their marriage books (certificates), known as Taklik Talak (Taʿlīq-al-Talāq or Sīgha Al-Taʿlīq). Four aspects allow women to qualify for divorce: a) If a Muslim husband leaves his wife for two years in a row; b) If he cannot provide living expenses for three months; c) If he hurts or abuses his wife; d) If he neglects his wife for six months.
In many parts of the world, there is an increase in the number of women who choose to be single. Muslim women in Indonesia are not secure against this trend, although, overall, marriage is still the norm. Education, career, and living in cities may lead some Muslim women to choose to postpone marriage, but female singletons are still very rare. Many aspects have supported this trend. Cultural aspect and religious aspect in particular are one of the most important of these aspects.
In Indonesia, women are often defined by their marital status, thus creating a burden for families who have an unmarried mature woman in the household. Religion, for many Muslim women, is often the major factor that causes them to marry. In addition, marriage and parenthood in Indonesia are an indication of the transition to adulthood.
Source: religionresearch
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