Temanggung Religious Court Determination No. 101 of 2013: Child Marriage Application Approved

The applicant submitted that he had married a woman by the name of L binti M on 11 June 2013, with whom he had two children. One of his children was already married, while the other was aged 15 years and 4 months (born on 2 February 1998). The applicant's second child had requested the applicant's permission to marry her fiance, and the applicant had granted his permission because he considered his child already an adult and in love with her fiance, who was 25 years and 10 months of age (born on 26 August 1988). Moreover, the applicant's child and her fiance had known each other for three months, and the applicant was concerned his daughter and her fiance would soon consummate their relationship regardless. The applicant had already requested the permission of the head of his local Office of Religious Affairs, but the application had been dismissed on 11 June 2013.

The applicant, therefore, filed an application with the court for a judicial determination granting his daughter permission to marry as a minor. In acceding to the application, the court, pursuant to art 7(1) of Law No. 1 of 1974 on Marriage, acknowledged that the applicant's daughter was not the required 16 years of age a female must be before she can marry. On the facts, however, the court acknowledged that the applicant's daughter and her fiance were already emotionally dependent on one another, were engaged, and that there were no other bars to their marriage. The requirements for marriage dispensation contained in arts 7(2), 8 and 9 of Law No. 1 of 1974 on Marriage, as well as art 15(2) of the Compilation of Islamic Laws, and the elucidation of art 49(2) and (3) of Law No. 7 of 1989 as amended by Law No. 3 of 2006 and Law No. 50 of 2009, had, therefore, been met.

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