Bojonegoro Religious Court Determination No. 20 of 2016: Underage Marriage Dispensation

The applicant sought dispensation to have his daughter (15 years, 4 months) marry her fiance. The applicant submitted that their relationship had been close-knit for the past eight months and that he was concerned they may contravene Islamic law provisions if not married immediately. The applicant also submitted that his daughter was virginal, pubescent (akil baliq) and ready to become a wife.

The court noted that it had unsuccessfully advised the applicant to wait until his daughter was of age. Moreover, that as the applicant's daughter was under the age of 16 years, his request accorded with art 7 of Law No. 1 of 1974 on Marriage. The court acknowledged that despite the applicant's daughter's age, physically and mentally she appeared suitable for marriage, and her relationship with her fiance appeared close-knit and gave cause for concern that they might become physically intimate soon. Therefore, pursuant to art 7(2) of Law No. 1 of 1974 on Marriage, the court granted the applicant dispensation for his daughter to marry. This also accorded with the Qur'an, Surat An-Nur, verse 32.

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