Muslim Child Marriage in Indonesia: Protecting Child Right Versus Preventing Zina and Preserving Offspring

Abstract

Child marriage is undeniably a problem caused by many factors. It is a harmful practice towards childern, especially toward girl, yet the practice is widespread and often supported by the society. Religious court is accused to be the fertilizer of the practice because it's decision show the easyness of granting marriage dispensation lawsuit. The court is demanded to reject the lawsuit, even in the condition of adolescent preganancy because it will harm the child. Then, there are two side causing the dilemma, a side that absolutely reject the practice of child marriage to protect child right. A side that allow child marriage in the sake of preventing zina and preserving offspring. It is concluded that child marriage is not a way to prevent zina. Because a child is not in ideal condition to have sexual intercourse nor to get pregnant. Permitting child marriage to prevent zina is a violence that prohibited by the religious norm. While, permitting child marriage based on the adolescent preganancy is a way to safe the lineage of the unborn baby. However, the marriage may be canceled or divorced after the baby was born if it is considered harmful for the child.