Page 101 - CONFERENCE BOOK OF INTERNATIONAL CONFERENCE ON GENDER, CULTURE AND SOCIETY (ICGCS) 2021

CONFERENCE PROGRAM AND ICGCS 2021

ABSTRACT BOOK

Gender and Family

PATRIARCHY LEGAL CULTURE AND CHILD

MARRIAGE PRACTICES IN INDONESIAN LOCAL

MUSLIM SOCIETY

Trianah Sofiani, Syarifa Khasna

Institute Agama Islam Negeri Pekalongan

Abstract: This paper explores the patriarchal legal culture and the causes of the

practice of child marriage in the local Muslim, Sarang District, Rembang

Regency, Central Java. The theoretical arguments that had developed so far were

the patriarchal culture, linear with the practice of child marriage. This legal

sociology research with the gender perspective uses the qualitative approach.

Data collection using observation, interviews and literature study. Analysis

technique using an interactive model. The results show that, Sarang is five sub-

districts in Rembang Regency which have high marriage rates compared to

other sub-districts. This fact is shown by data on the number of marriages at the

KUA Sarang District in 2017 s. d 2019, as many as 21 girls with a marriage age

range of 16 to 18 years and 2 boys, with a marriage age of 18 years. Data on

marriage dispensations at the Religious Courts in 2019 also showed that, in

Sarang District, 10 children applied for marriage dispensations. The legal culture

of the local society built by local values and beliefs based on patriarchy, thus

influencing the mindset and legal behaviour of the society in the practice of child

marriage, especially girls. This mindset was reinforced by society understanding

of state law and Islamic law, which are deemed not to prohibit child marriage. In

the Muslim society in this area, a girl who had been menstruating must be get

married, because for fear of becoming a spinster, and as a family disgrace. The

phrase “it's better to be a widow than a spinster” is a representation of society's

mindset in treating girls. The practice of child marriage in Sarang District,

Rembang Regency, caused by several factors,i.e: patriarchal culture, low

understanding of marriage law, narrow understanding of Islamic law, poverty, low

education level, the tradition of ngemblok in the marriage system and tradition

of child marriage from generation to generation.

Keywords: legal culture; child marriage; patriarchy

Short Biography:

Trianah Sofiani: I am a lecturer at the Sharia Faculty of IAIN Pekalongan, with

competence in State Administrative Law. I graduated from Diponegoro

University's Master of Public Administration. The Interest in gender studies,

require me to increase my knowledge and understanding of gender studies from

various literature and forums gender studies, including being a research team

from senior lecturers.

Syarifa Khasna: I am a lecturer in the Faculty of Sharia IAIN Pekalongan, with the

competence of Legal Studies. I am a graduate of the Doctoral Program in Legal

Studies from Brawijaya University. From 2006-2018, I was active in the Center for

Gender Studies. The interest in gender studies, I applied through research and

scientific work.

100

h t t p : / / i c g c s . c o n f e r e n c e . u n a n d . a c . i d /